LA 103 |
2019 -- H 5958 SUBSTITUTE A Enacted 07/11/2019 |
A N A C T |
RELATING TO CONSOLIDATION OF THE ALBION AND SAYLESVILLE FIRE DISTRICTS INTO THE NEW LINCOLN FIRE DISTRICT |
Introduced By: Representatives Costantino, Ackerman, and Lyle |
Date Introduced: April 04, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. The Albion and Saylesville Fire Districts are hereby merged and |
consolidated into the Lincoln Fire District in the manner and form as follows: |
Section 1. Name and Jurisdiction. |
This chapter is intended to authorize the creation of the Lincoln Fire District through the |
consolidation of the fire districts of Albion and Saylesville located within the Town of Lincoln to |
the Lincoln Fire District. Said Lincoln Fire District shall continue to have all of the rights, duties |
and functions fulfilled prior to enactment of this legislation, by the Albion Fire District and the |
Saylesville Fire District. The geographical area of the Lincoln Fire District shall be the combined |
area of the districts of Albion and Saylesville, delineated as follows: |
All that property in the village of Albion in the town of Lincoln, which is bounded and |
described as follows: beginning at a point in the middle of the Albion Road bridge at the |
Cumberland-Lincoln town line, following the Cumberland-Lincoln town line four thousand two |
hundred feet (4,200'), more or less, in a northwesterly direction, thence running in a |
southwesterly direction along the northern boundary of land owned now or formerly by the |
Berkshire Fine Spinning Associates, Inc., to a point in the middle of the Old River Road, thence |
turning and running in a southeasterly direction along the middle of the Old River Road, one |
thousand forty feet (1,040'), more or less, to a point opposite the dividing line between the land |
now owned or formerly owned by the heirs of Russell Handy and land owned or formerly owned |
by Arnold Mann; thence turning and following the northern boundary of the Arnold Mann and |
Stafford Mann land until the line comes to a large boulder, a corner of the land of the heirs of |
Stafford Mann, turning and following the North Smithfield town line, in a southerly direction |
until the line comes to the corner of the Smithfield town line, following said Smithfield town line |
in a southerly direction to a point in the middle of the Washington Highway; thence turning and |
continuing along the Washington Highway, in a northeasterly direction, crossing the Louisquisset |
Pike and continuing along the middle of said Washington Highway to the Cumberland town line |
turning and following said Cumberland town line in a northwesterly direction to the point of |
beginning; and |
(2) All that portion of the village of Saylesville in the town of Lincoln which is bounded |
and described as follows: beginning at a point at the easterly shore line of Scott's Pond, so-called; |
said point being opposite the intersecting point of Albion Avenue and the westerly line of the |
road leading to Front Street; thence running southeasterly, crossing said Albion Avenue, six |
hundred feet (600') more or less, to the westerly line of the Southern New England Railroad right |
of way; thence southerly along the westerly line of said Southern New England Railroad right of |
way fifteen hundred feet (1,500'); thence running southwesterly eight hundred feet (800') more or |
less, to the boundary line between the town of Lincoln and the city of Central Falls, at a point |
four hundred feet (400') from the easterly line of Albion Avenue; thence westerly along said |
boundary line four hundred ten feet (410') more or less, to an angle in said boundary line, said |
angle being on the westerly line of Albion Avenue and fifty-two feet (52') more or less, north of |
the intersecting point of the southerly line of Walker Street and Albion Avenue; thence |
southwesterly continuing along said city boundary line one hundred thirty feet (130') more or |
less, to the Sayles Finishing Plants, Inc. mill yard fence at top of hill; thence northwesterly along |
said Sayles Finishing Plants, Inc. fence and almost parallel to Walker Street, so-called, formerly |
known as Branch Avenue, one hundred ninety feet (190') more or less; thence southwesterly and |
continuing along said Sayles Finishing Plants, Inc. fence and almost parallel to Walker Street two |
hundred ten (210') feet more or less; thence southwesterly and continuing along said Sayles |
Finishing Plants, Inc. fence one hundred seventy-five feet (175') more or less; thence westerly |
along said plant fence sixty-five feet (65') more or less; thence southwesterly along said Sayles |
Finishing Plants, Inc. fence twelve feet (12'); thence westerly along said Sayles Finishing Plants, |
Inc. fence one hundred feet (100') to the easterly line of said Walker Street; thence southwesterly |
along the easterly line of said Walker Street one thousand fifty feet (1,050') more or less to an |
angle in fence, said angle being twenty feet (20') more or less, north of tenement house number |
two hundred eighteen (218) Walker Street; thence southeasterly about at right angle to Walker |
Street along said Sayles Finishing Plant, Inc. fence one hundred eighty feet (180') more or less; |
thence turning about a right angle and running westerly along said Sayles Finishing Plants, Inc. |
fence two hundred thirty-two feet (232'); thence southerly along said Sayles Finishing Plants, Inc. |
fence sixteen hundred eighty-nine feet (1,689') more or less; thence easterly along said Sayles |
Finishing Plants, Inc. fence six hundred fifty feet (650'), said line being parallel to and one |
hundred feet (100') from the northerly line of Sutcliffe Avenue, so-called; thence southerly along |
said Sayles Finishing Plants, Inc. fence four hundred forty-six feet (446') to the corner of said |
Sayles Finishing Plants, Inc. fence; thence continuing southerly about parallel to and three |
hundred twenty feet (320') more or less from the Blackstone Canal seven hundred feet (700') |
more or less, to the northeasterly corner of Amsden H. and Orin Smith land, said corner being the |
northeasterly corner of the Fairlawn fire district enacted by the general assembly in the January |
session of A.D. 1922, chapter 2303; thence westerly along the northerly line of said Smith's land |
and said Fairlawn fire district fourteen hundred seventy feet (1,470') to the easterly line of |
Smithfield Avenue; thence running northwesterly crossing said Smithfield Avenue to the |
northeasterly corner of land of George Montgomery and wife; thence westerly at an interior angle |
eighty-three degrees and twenty-three minutes (83(23') with the westerly line of said Smithfield |
Avenue five hundred feet (500') more or less, to the northwesterly corner of said Fairlawn fire |
district; thence northwesterly six hundred fifty feet (650') more or less, to the southerly line of |
Parker Street at a point nine hundred fifty feet (950') from the westerly line of Smithfield Avenue; |
thence turning an approximate exterior angle ninety degrees (90() and running westerly four |
hundred fifty feet (450') more or less, to the southerly point of the division line of the land of |
Kilburn Land Company and land of Suburban Realty Corporation; thence westerly along the |
southerly line of land of said Suburban Realty Corporation three hundred feet (300') more or less; |
thence northwesterly about parallel to and five hundred feet (500') from the southerly line of |
Parker Street five hundred fifty feet (550') more or less, to a point three hundred fifty feet (350') |
from the southerly line of Parker Street and directly opposite the easterly line of Fairlawn |
Avenue; thence northerly across Parker Street and along the easterly line of Fairview Avenue and |
across Progress Street eleven hundred fifty feet (1,150') more, or less to a point five hundred feet |
(500') north of the center line of Progress Street; thence southerly parallel to and five hundred feet |
(500') from the center line of Progress Street fourteen hundred feet (1,400') more or less, to a |
point opposite Wood Road; thence northerly on a straight line eighteen hundred feet (1,800') |
more or less, to a point at the intersection of the westerly line of Smithfield Avenue and the |
northerly shore line of the stream leading from Barney's Pond to Sayles Pond, so-called; thence |
westerly and northwesterly along the northerly and easterly shore line of said stream and said |
Barney's Pond to a point directly opposite the intersecting point of Chapel Street and Smithfield |
Avenue, said point being four hundred fifty feet (450') more or less, from the westerly line of said |
Smithfield Avenue; thence northwesterly running parallel to and four hundred fifty feet (450') |
from said Smithfield Avenue eighteen hundred feet (1,800') more or less, to a point two hundred |
feet (200') from the southerly line of said Smithfield Avenue or Great Pond, so-called; thence |
westerly running parallel to and two hundred feet (200') from the southerly line of said Great |
Road four hundred feet (400') more or less, to the easterly line of Samuel Arnold house lot, now |
part of the Metropolitan Park System of Providence Plantations, Lincoln Woods Reservation; |
thence northerly on a direct line along said Samuel Arnold house lot and across said Great Road |
to the northerly line of said Great Road; thence westerly along said Great Road along the front of |
land of Everett Sherman three hundred thirty feet (330') more or less, to the southwesterly corner |
of said Everett Sherman land; thence northerly along the westerly line of said Everett Sherman |
land about at right angles to said Great road to a point three hundred feet (300') from the northerly |
line of said Great Road; thence easterly running parallel to and three hundred feet (300') from the |
northerly line of said Great Road and Front Street to a point directly on line with the easterly line |
of house lot belonging to Everett Sherman situated on the southerly side of Front Street at the |
corner of said Front Street and Smithfield Avenue, said point being the northwesterly corner of |
the Albion fire district; thence southerly along the westerly line of said Albion fire district |
crossing Front Street and running along the easterly line of land of Everett Sherman, Prescott |
Wilbur and Albert Parks to a point two hundred feet (200') south of the southerly line of said |
Front Street; thence easterly running parallel to and two hundred feet (200') from the southerly |
line of said Front Street along the southerly boundary line of said Albion fire district three |
hundred fifty feet (350') more or less, to a point five hundred feet (500') from the easterly line of |
Smithfield Avenue; thence southeasterly parallel to and five hundred feet (500') from Smithfield |
Avenue to a point five hundred feet (500') from the northeasterly line of Chapel Street; thence |
southeasterly parallel to and five hundred feet (500') from the northeasterly line of Chapel Street |
to a point five hundred feet (500') from the northerly line of Tucker Street; thence northeasterly |
and southeasterly parallel to and five hundred feet (500') from the northeasterly line of Tucker |
Street to the westerly shore line of Scott's Pond; thence southerly, and easterly and northerly |
along the shore line of Scott's Pond to the place of beginning; and however bounded and |
described, is meant and intended to describe the land set off for the proposed Saylesville fire |
district, as shown by the map drawn by T.C. Mandeville, February, 1929, and all that portion of |
the town of Lincoln which is bounded and described as follows: Beginning at a point in the |
division line between the town of Lincoln and the city of Pawtucket on the easterly line of |
Cypress Street, as laid out on the heirs of Horace Weeden plat No. 3, recorded in the town clerk's |
office in said town of Lincoln; thence northerly along the easterly line of said Cypress Street |
about nine hundred twenty-five feet (925') to the northeasterly corner of said Weeden plat; thence |
westerly along the northerly line of said Weeden plat about seven hundred twenty feet (720') to |
the Daniel Meader plat, recorded in the town clerk's office in said town of Lincoln; thence |
northeasterly bounding northwesterly by said Meader plat, and land of Amsden H. and Orin |
Smith about eight hundred ninety-five feet (895') to the northeasterly corner of said Smith's land; |
thence westerly along the northerly line of said Smith's land about fourteen hundred seventy feet |
(1,470') to the easterly line of Smithfield Avenue; thence northwesterly crossing said Smithfield |
Avenue to the northeasterly corner of land of George Montgomery and wife; thence westerly at |
an interior angle of ninety-six degrees and thirty-seven minutes (96(37') with the westerly line of |
said Smithfield Avenue about five hundred feet (500') to a corner; thence southwesterly to a point |
in the northeasterly line of Reservoir Avenue, said point being located seven hundred feet (700') |
northwesterly from the northwesterly corner of Smithfield and Reservoir Avenues, thence |
southwesterly crossing said Reservoir Avenue to the northwesterly corner of the Fairlawn Heights |
plat No. 2, recorded in the town clerk's office of said town of Lincoln; thence southwesterly along |
the northwesterly line of said Fairlawn Heights plat No. 2 about seven hundred seventy feet (770') |
to the northeasterly line of Cobble Hill Road; thence southeasterly along northeasterly line of said |
Cobble Hill Road about two hundred seventy-five feet (275') to the said division line between the |
town of Lincoln and the city of Pawtucket; thence easterly along said division line to the point of |
beginning; and however bounded and described is meant and intended to describe the land, as |
shown by the map drawn by H.R. Smart, January, 1922. |
The foregoing section and geographical description shall be updated as necessary in |
accordance with the land records and voting records maintained by the town of Lincoln which |
encompass and include the villages known and designated as the districts of Albion, Lonsdale and |
Saylesville. |
Section 2. Transfer of Rights, Authority, Obligation and Liabilities to Lincoln Fire |
District. |
The districts of Albion and Saylesville located in the Town of Lincoln are hereby |
consolidated and incorporated into a cooperative fire district to be called and do business as the |
Lincoln Fire District. Said District may have a common seal, sue and be sued and enjoy the other |
powers generally incident to corporations. All of the rights, obligations, duties and agreements, |
including collective bargaining agreements and employment agreements of non-union personnel |
of the fire districts of Albion and Saylesville shall remain in full force and effect and binding |
upon the Lincoln Fire District until expiration or modification by agreement. Nothing herein |
contained shall be construed to constitute dissolution of the existing districts of Albion or |
Saylesville with regard to their respective pending obligations and duties. In addition to the |
powers and authority contained herein, the Lincoln Fire District shall have all of the rights and |
authority held by the districts of Albion and Saylesville in accordance with the laws of the State |
of Rhode Island. |
Section 3. Albion Fire District Board of Fire Commissioners' Consolidation Duties. |
The Albion Fire District Board of Fire Commissioners is authorized to take whichever |
actions they deem appropriate to effectuate its consolidation as an independent entity and to |
consolidate its operations with the Saylesville Fire District in accordance with the districts' |
resolutions of their respective Boards of Fire Commissioners and Wardens upon approval by the |
electors of both districts. The Albion Fire District's Board of Fire Commissioners shall cause |
notice of the holding of any election undertaken by the Albion Fire District pursuant to this act to |
be given to all electors of the district. Such notice shall be provided to the electors of the district |
by regular U.S. mail, at least twenty (20) days prior to the date of the election, and shall be mailed |
to the last known address of each registered elector in the District. This notice shall include, at a |
minimum, the date, times and polling location(s) of the election, as well as a copy of the text of |
the question(s) to be voted on by the electors. In addition, the Albion Fire District's Board of Fire |
Commissioners shall cause notice of the election to be published in a newspaper published on at |
least a weekly basis and distributed within the Albion Fire District, and said notice shall be |
published at least twenty (20) days and then ten (10) days before the date of the election. |
Section 4. Albion Fire District Electors' Authorization. |
The qualified electors of the Albion Fire District are hereby authorized and empowered to |
vote to effectuate the consolidation with the Albion Fire District as an independent entity and to |
consolidate its operations with the Saylesville Fire District in accordance with the resolutions |
adopted by the respective Boards of Fire Commissioners and Wardens. An affirmative vote of the |
electors of both the Saylesville Fire District and the Albion Fire District are needed to effectuate |
the consolidation of the two (2) fire districts and establish one district known as the Lincoln Fire |
District. |
Section 5. Saylesville Fire District Board of Fire Wardens' Consolidation Duties. |
The Saylesville Fire District's Board of Fire Wardens is authorized to take whatever |
actions they deem appropriate to effectuate its merger of the Albion Fire District, in accordance |
with the districts' resolutions of their respective Boards of Fire Commissioners and Wardens and |
upon approval by the electors of each district. The Saylesville Fire District's board of Fire |
Wardens shall cause notice of the holding of any election undertaken by the Saylesville Fire |
District pursuant to this act to be given to all electors of the district. Such notice shall be provided |
to the electors of the district by regular U.S. mail, at least twenty (20) days prior to the date of the |
election, and shall be mailed to the last known address of each registered elector in the District. |
This notice shall include, at a minimum, the date, times, and polling location(s) of the election, as |
well as a copy of the text of the question(s) to be voted on by the electors. In addition, the |
Saylesville Fire District's Board of Fire Wardens shall cause notice of the election to be published |
in a newspaper published on at least a weekly basis and distributed within the Saylesville Fire |
District, and said notice shall be published at least twenty (20) days and then ten (10) days before |
the date of the election. |
Section 6. Lincoln Fire District Eligible Voters. |
The residents of the said fire districts of Albion and Saylesville, qualified to vote in town |
affairs on propositions to impose taxes or for the expenditure of money, shall be eligible to vote |
and act in all meetings of the Lincoln Fire District. The domiciled residents of said districts |
registered to vote in the town of Lincoln, referred to as "members", shall be eligible to vote, hold |
office and act at all meetings of the district, as further provided in the district bylaws. |
Section 7. Annual Meeting. |
There shall be an annual meeting of said fire district every year, for the purpose of |
electing officers, ordering taxes and providing for assessing and collecting the same, enacting |
bylaws and transacting such other business or adopting such measures, consistent with the |
charter, which the members at said meeting shall deem beneficial to the district. Annual meeting |
date and requirements for the call of nature of said meeting shall be defined in the district bylaws. |
Notwithstanding the foregoing, said annual meetings of said Lincoln Fire District shall be held on |
the third Tuesday in October |
Section 8. Elections. |
Said residents, at each annual meeting and other meetings when vacancies occur, may |
elect the following officers: (a) For a one year term, or until the next annual meeting, and until |
others be chosen in their stead, a Moderator and such other officers and committees at such times |
and with such duties and powers as the by-laws of the corporation may prescribe; (b) Five (5) fire |
commissioners who shall also serve as tax assessors, each of whom shall serve five (5) year |
terms. The initial board of commissioners shall consist of two (2) commissioners from each of the |
individual districts of Albion and Saylesville, as well as one at large commissioner from either of |
the districts. Said initial board shall be composed of and voted upon by the members of the |
existing boards of the districts. The initial board of five (5) members shall consist of two (2) |
members of each of the current boards of Albion and Saylesville, who shall be selected by the |
respective boards and thereafter with initial terms to be determined by lottery as follows: (a) One |
member shall serve a term of two (2) years or until the second annual meeting of the taxpayers of |
the Lincoln Fire District; (b) One member shall serve a term of three (3) years or until the third |
annual meeting of the taxpayers of the Lincoln Fire District; (c) One member shall serve a term of |
four (4) years or until the fourth annual meeting of the taxpayers of the Lincoln Fire District; and |
(d) One member shall serve a term of five (5) years or until the fifth annual meeting of the |
Lincoln Fire District. The fifth member (at large) of the initial board shall be voted upon by a |
majority of the four (4) members and shall serve a term of one year or until the initial annual |
meeting of the taxpayers of the Lincoln Fire District. (If any such official shall be unable to serve |
or shall die while in office, the board of fire commissioners shall appoint a successor to serve |
until the next annual meeting at which time a special election to fill the unexpired term will be in |
order. Thereafter, the commissioners shall be elected for a five (5) year term. |
Section 9. Board of Fire Commissioner's Appointments. |
The board of fire commissioners may appoint a tax collector, treasurer and clerk to serve |
at the pleasure of the board. Said officers' duties and powers shall be as prescribed by the bylaws |
of the corporation. The board of fire commissioners shall be empowered to take charge of and |
care for the interests of the district in general, unless as otherwise limited by the terms of this act. |
The collector of taxes for said district shall for purposes of collecting taxes assessed for said |
district have the same powers and authorities set forth herein and as are now by law conferred |
upon collectors of taxes for towns of this state. Said district may provide such deduction from the |
tax assessed against any person if paid by an appointed time or for such penalty by way of |
percentage on the tax if not paid at an appointed time, not exceeding the maximum rate of |
percentage allowed by law per annum upon said unpaid tax. Said district is hereby authorized and |
empowered to raise money through the issuance of its bonds or notes, signed by its treasurer, in |
such sum or sums, as said district may establish, as provided herein. |
Section 10. Fire Chief. |
The board of fire commissioners shall appoint the district's fire chief, under such terms |
and conditions that it deems advisable, which may be reduced to writing in the form of an |
employment agreement. The fire chief, under the direction of the board of fire commissioners, |
shall have the command of the fire department. The chief shall at all times supervise and keep in |
repair and ready for instant use all the property of the corporation connected with the fire |
department. The chief shall take appropriate action to combat all fires within the limits of said fire |
district, and all orders issued by the chief to any member of the department shall be promptly |
obeyed. The chief shall decide summarily all disputes or questions arising out of matters |
connected with department personnel who are on duty. Further, at the inception of the Lincoln |
Fire District there shall be an assistant fire chief position in recognition of the two (2) ranking |
officers currently holding chief positions in the respective fire districts of Albion and Saylesville. |
Upon either the position of chief or assistant chief becoming vacant for any reason, the position |
of assistant chief may be eliminated from the table of organization as determined by the board of |
commissioners for the Lincoln Fire District. |
Section 11. Fire District Operation. |
Chief officers and any other officers the chief deems necessary shall respond as needed to |
every fire, shall obey all orders of the fire chief, and shall at all times assist the chief in his duties. |
In case of absence or disability of the fire chief, the powers and duties conferred and imposed on |
the chief by this act shall devolve upon and be performed by the assistant chief or deputy chiefs, |
respectively, in the order designated by the board of fire commissioners. No member of the fire |
department of the Lincoln Fire District who, while on duty, performing the duties of a firefighter, |
and in the performance of said duty voluntarily and gratuitously renders emergency assistance to |
a person in need thereof, shall be liable for civil damages for any personal injuries which result |
from acts or omissions by such persons rendering the emergency care which may constitute |
ordinary negligence. This immunity does not apply to acts or omissions constituting gross, willful |
or wanton negligence. The fire chief, assistant chief, deputy chief and all members of this fire |
department shall not render themselves liable personally and they are hereby relieved from all |
personal liability for any damage that may occur to persons or property as a result of an act |
required or permitted in the discharge of their official duties and any fire chief, and all members |
acting in good faith and without malice, shall be free from liability for acts performed or by |
reason of their failure to act in the performance of their official duties. |
Section 12. Taxation. |
Said residents, at any of their legal meetings, shall have the power to order such taxes, |
and provide for the assessing and collecting the same, on the taxable property in said district, as |
they shall deem necessary for the operation of the fire district. And such taxes so ordered shall be |
assessed by the assessors of said district on the taxable property therein, according to the last |
valuation made by the assessor of the Town of Lincoln next previous to said assessment, adding, |
however, any taxable property which may have been omitted by said town assessor or afterwards |
acquired; and in assessing and collecting said taxes, such proceedings shall be had by the officers |
of said district, as near as may be, as are required to be had by the corresponding officers of |
towns in assessing and collecting town taxes; and said residents through the tax collector may |
provide for such deductions from the tax assessed against any person, if paid by an appointed |
time, or for such penalties by way of percentage on a tax, if not paid at a time appointed, not |
exceeding eighteen percent (18%) per annum, as they shall deem necessary to insure punctual |
payment. Said residents, at any of their legal meetings shall have all of the powers of taxation |
granted to municipalities in the state of Rhode Island, including, but not limited to, all of the |
powers and authority of taxation set forth in Title 44 of the Rhode Island General Laws of 1956, |
as amended. Said powers of taxation shall further include, but not be limited to, the establishment |
of a taxing scheme with tiers designated as residential, commercial and tangible and any other |
classifications authorized for municipalities pursuant to the laws of the state of Rhode Island, |
including homestead and all other exemptions as deemed appropriate by the qualified members of |
the fire district. |
Notwithstanding the powers and authority provided herein, the qualified members of said |
fire district at their legal meetings shall have power to order taxes and provide for assessing and |
collecting the same, on the taxable inhabitants and property in said district as they shall deem |
necessary for purchasing and procuring real estate, buildings and implements, apparatus, other |
equipment, for the payment of the current expenses of said district and any indebtedness that has |
been or may be incurred by said district, and also for the payment of such emergency medical |
services as they deem necessary for the health, safety and welfare of the inhabitants; provided, |
however, that the taxes assessed and payable in any one year under the provisions of this section |
shall not exceed four dollars ($4.00) on each one thousand dollars ($1,000) of said valuation; and |
provided further, however, the minimum charge for any fire tax bill rendered shall be not less |
than twenty dollars ($20.00). |
Section 13. Special Meetings. |
Said qualified members may hold special meetings, which, as well as the annual |
meetings, shall be publicized in such manner as prescribed in the bylaws; and it shall be the duty |
of the clerk to call a special meeting, upon written application signed by thirty (30) or more such |
qualified members; and whenever the subject of ordering a tax is to be acted on, the same shall be |
mentioned in the notice. |
Section 14. Powers. |
The Lincoln Fire District shall be entitled to all the rights, powers and privileges |
conferred upon towns by the provisions of Title 45 of the Rhode Island General Laws of 1956, as |
amended. Said powers and authority are to include, but not be limited by, the ability to assess and |
collect taxes in a tiered tax system which establishes differing rates for different classes of |
property. The engine companies, ladder companies, any emergency response companies, and any |
additional fire apparatus together shall constitute the fire department under the direction of the |
fire chief, and shall be governed by the board of fire commissioners of the Lincoln Fire District. |
Such companies shall be subject to any provisions contained in the general laws of the state of |
Rhode Island and all acts in amendment thereof, and to the exemptions, privileges and remedies |
therein provided, including, but not limited to, the exemptions contained in chapter 12 of title 28 |
of the Rhode Island General Laws of 1956, as amended. |
Section 15. Borrowing and Bonds. |
(a) The Lincoln Fire 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 evidences of indebtedness (hereinafter called |
"bonds") for the purpose of: (1) Purchasing land and erecting a building or buildings thereon for |
fire protection purposes; (2) Purchasing fire apparatus; (3) Operating purposes; or (4) Payment of |
the principal of or interest on temporary notes issued under subsection (c) of this section, and to |
authorize its treasurer to issue, with the approval of its board of fire commissioners, such bonds in |
such amounts, for such time and on such terms as shall be determined by vote at any regular or |
special meeting of said district; provided, however, that the principal amount of such bonds, |
including renewals thereof, outstanding at any time shall in no case exceed the sum of four |
million dollars ($4,000,000). 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 the maturity of principal in |
the case of serial bonds or by mandatory serial redemption in the case of term bonds, in annual |
installments of principal, the first installment to be not later than three (3) years after the date of |
the bonds. Sections 45-12-5.1 and 45-12-5.2 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 chairman of the board of fire commissioners and shall be sold at not less than par |
and accrued interest. Unless otherwise determined in the vote of the district authorizing the same, |
the manner of sale, denominations, maturities, interest rates and other terms, conditions and |
details of such bonds may be fixed by the proceedings of the board of fire commissioners |
authorizing the issue or by separate vote of the board of fire commissioners or, to the extent |
provisions for these matters are not so made, they may be fixed by the officers authorized to sign |
the bonds. 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 for the purposes provided |
in subsection (a) of this section. No purchaser of any bonds or notes under this section shall be in |
any way responsible for the proper application of the proceeds derived from the sale thereof. |
(c) If said fire district shall authorize the issuance of bonds under subsection (a) of this |
section, the board of fire commissioners of said district may by resolution authorize the issuance |
from time to time of interest bearing or discounted notes in anticipation of the issue of such bonds |
or in anticipation of the receipt of federal or state aid for the purpose for which such bonds are to |
be issued. The amount of original notes issued in anticipation of bonds may not exceed the |
amount of bonds which may be issued under subsection (a) of this section 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. Temporary notes issued under this |
subsection shall be signed by the district treasurer and by the chairman of the board of fire |
commissioners 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 or the interest thereon shall not |
exceed three (3) years. |
(d) In addition to the bonds and notes authorized in subsections (a) and (c) of this section, |
said fire 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 fire 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 remain |
unpaid, 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 the fire district, and to authorize its treasurer to issue, with the approval of the board |
of fire commissioners, its interest bearing or discounted notes therefore. Notes issued pursuant to |
this subsection shall be signed by the district treasurer and the chairman of the board of fire |
commissioners 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 fire district shall assess and levy a tax in each financial |
year. |
(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 as may be provided in any other applicable |
law of the state of Rhode Island. |
(f) All bonds and notes issued under this act and the debts evidenced thereby shall be |
obligatory on the district in the same manner and to the same extent as other debts lawfully |
contracted by it. The 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 |
moneys therefore 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 the district shall be |
subject to ad valorem taxation by the district without limitation as to rate or amount. |
(g) Any bonds or notes issued under the provisions of this act and coupons on any bonds, |
if properly executed by officers of the district in the office on the date of execution, shall be valid |
and binding according to their terms notwithstanding that before the delivery thereof and payment |
therefore any and all of such officers shall for any reason have ceased to hold office. |
(h) Notwithstanding any provision of law to the contrary, any bonds or notes issued by |
the 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. |
(i) In addition to the powers set forth herein, the Lincoln Fire District will be authorized |
and empowered to consolidate the current Saylesville firefighters' pension plan administered by |
ERISA with the current COLA firefighters' pension of the Albion firefighters currently |
administered by ERISA with the assets and liabilities of both plans combined. |
Section 16. Bylaws. |
Said residents shall have power to enact bylaws prescribing the duties of all officers of |
the district and such as they shall deem necessary and expedient for carrying out the provisions of |
this act, including establishing procedures for the approval of the district's budget, and also for the |
protection of all apparatus and property of the district. |
Section 17. Tax Exemption from Real and Personal Property Taxes. |
The real and personal property of the Lincoln Fire District shall be exempt from taxation |
for state, town and school purposes. |
Section 18. Amendments to Charter. |
Should the board of fire commissioners propose that the general assembly amend this |
charter, it shall first publish notice of said proposed amendments in two (2) successive issues of a |
local newspaper or any other Rhode Island newspaper of general circulation within the town of |
Lincoln. Said notice shall include the text of any proposed amendments to this charter. Prior to |
submission of said charter amendments to the general assembly, the board of fire commissioners |
shall conduct a public hearing and consider the views of any district taxpayer expressed at said |
hearing for or against said amendments. |
Section 19. Preservation of Rights under Existing Labor Contracts. |
In accordance with the provisions of ยง 28-7-19.1 of the Rhode Island General Laws of |
1956, as amended, this act of consolidation shall not impair the provisions of any existing labor |
contracts for persons employed full-time by either of the individual fire districts. Notwithstanding |
this consolidation, the labor contracts shall continue in full force and effect until their termination |
dates or until otherwise agreed by the parties or their legal successors. |
All full-time firefighters of the Albion and Saylesville Fire Districts who are so employed |
by said districts as of the date of the enactment of this legislation shall become employees of the |
Lincoln Fire District, and shall retain all accumulated rank, benefits and other rights of |
employment as existed with the aforesaid districts without any action by the commissioners of the |
Lincoln Fire District. Nothing contained herein shall prevent the commissioners from reducing or |
eliminating non-contractual positions. The collective bargaining agreements and all other binding |
commitments and agreements entered into between the Albion and Saylesville Fire Districts and |
the Albion (IAFF Local 3023) and the Saylesville (IAFF Local 3023) Fire Fighters Associations, |
and any retired members, in effect on the date of enactment of this legislation, shall remain in full |
force and effect and shall be treated from that point forward as entered into between the Lincoln |
Fire District and the Albion (IAFF Local 3023) and the Saylesville (IAFF Local 3023) Fire |
Fighters Associations. |
Section 20. Charters' Consolidation and Albion and Saylesville Fire Districts' Wind |
Down. |
This legislation shall constitute the original charter of the consolidated districts and be |
substituted for the original charters of the individual districts passed by the general assembly, as |
the same have been amended from time to time; except that, all prior acts of the general assembly |
authorizing bond issues of the districts shall remain in full force and effect. The existing districts |
of Albion and Saylesville shall have until December 31, 2020 to take all steps necessary to |
effectuate the consolidation of the districts as referenced herein. Any extension of the date set |
forth above for completion will require approval of the general assembly. |
SECTION 2. This act shall take effect upon passage. |
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LC002261/SUB A |
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