Rhode Island 2023 Regular Session

Rhode Island House Bill H5379 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5379
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7	7	LC000653
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HARRISVILLE FIRE DISTRICT
16	16	Introduced By: Representatives Place, Rea, and Newberry
17	17	Date Introduced: February 03, 2023
18	18	Referred To: House Municipal Government & Housing
19	19
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Chapter 637 of the Public Laws of 1910 entitled "An Act to Incorporate the 1
23	23	Harrisville Fire District" as amended, is hereby further amended to read as follows: 2
24	24	The Charter of the Harrisville Fire District 3
25	25	Section (a) Establishment. 4
26	26	A. Incorporation. Within the boundaries described below, there is hereby established a 5
27	27	district incorporated as a quasi-municipal corporation under the name of the Harrisville Fire District 6
28	28	("District"). 7
29	29	B. Purposes. The district is incorporated for the purposes of providing fire suppression and 8
30	30	emergency medical and ambulance services, and furnishing and distributing water, light, and power 9
31	31	throughout the district and beyond the same both within and without the district and the town of 10
32	32	Burrillville as provided herein, and for such other purposes as may be deemed necessary, 11
33	33	appropriate, or incidental to the foregoing. 12
34	34	C. Powers. The district may have a common seal, sue and be sued, and enjoy the other 13
35	35	powers generally incident to the quasi-municipal corporation, including the following: 14
36	36	1. To provide fire suppression, and emergency medical, rescue and ambulance services 15
37	37	within or without the territorial limits of the district or the town of Burrillville. 16
38	38	2. To procure, distribute, and sell water within or without the territorial limits of the district 17
39	39	or the town of Burrillville. 18
40	40	3. Subject to the approval of the public utilities commission and to all applicable provisions 19
41	41
42	42
43	43	LC000653 - Page 2 of 15
44	44	of title 39 of the general laws and any regulation duly promulgated there under, to procure, 1
45	45	distribute, and sell light and power within the territorial limits of the district. 2
46	46	4. To obtain, own, establish, operate, maintain, repair, improve, enlarge, and/or extend any 3
47	47	pipe, conduit, fire apparatus, building, facilities, or property of any kind in order to carry out the 4
48	48	purposes of the district. 5
49	49	5. To acquire, hold, use, lease, sell, transfer and/or dispose of any property, real, personal 6
50	50	or mixed, or any interest therein for its corporate purposes, and to mortgage, pledge, or lease any 7
51	51	such property. 8
52	52	6. To make by-laws for the management and regulation of its affairs. 9
53	53	7. To borrow money for any of its corporate purposes, including the creation and 10
54	54	maintenance of working capital, and to issue negotiable bonds, notes, or other obligations and to 11
55	55	fund or refund the same. 12
56	56	8. To contract in its own name for any lawful purpose deemed necessary to carry out the 13
57	57	purposes of the district. 14
58	58	9. To execute all instruments necessary to carry out the purposes of the district. 15
59	59	10. To enter into cooperative agreements with states, cities, counties, towns, or water, or 16
60	60	fire districts within or without the district for the interconnection of facilities and mutual aid or for 17
61	61	any other lawful corporate purposes necessary or desirable to carry out the purposes of the district. 18
62	62	11. To fix rates and collect charges for the use or expansion of the facilities of or services 19
63	63	rendered by or for any water, commodities, or other utilities furnished by the district, such as to 20
64	64	provide revenues sufficient at all times to pay, as the same shall become due, the principal and 21
65	65	interest on the bonds of the district, together with the maintenance of proper reserves therefor, in 22
66	66	addition to paying, as the same shall become due, all operating expenses of the district together 23
67	67	with proper reserves for depreciation, maintenance, expansion, and contingencies and all other 24
68	68	obligations and indebtedness of the district. 25
69	69	12. To levy and collect taxes on the taxable inhabitants of the district to carry out the 26
70	70	purposes of the district in the manner provided in this charter. 27
71	71	13. To exercise the power of eminent domain in the same manner prescribed pursuant to 28
72	72	R.I.G.L. section 39-15-1, et seq., or R.I.G.L. section 24-1-1, et seq., in order to acquire property 29
73	73	for the purposes of the district. 30
74	74	14. To do all things necessary or convenient in order to carry out any and all express or 31
75	75	implied purposes and powers of the district granted under this charter. 32
76	76	D. Boundaries. The district shall have the boundaries as set forth below and as the same 33
77	77	may be amended from time to time: 34
78	78
79	79
80	80	LC000653 - Page 3 of 15
81	81	All that part of the town of Burrillville starting at a southerly point of the Burrillville and 1
82	82	Glocester town line on Route 102, northwest to the intersection of Lapham Farm Road and Steere 2
83	83	Farm Road; northeast from said point to the northwest corner of the Sadowski house on 315 Central 3
84	84	Street, then northerly to a point one hundred eighty (180) feet west of the intersection of Whipple 4
85	85	Avenue and East Avenue; commencing north approximately 835 feet then turning in an east 5
86	86	southeasterly direction to the intersection of Spring Lake Road, Joslin Road and Branch River; 6
87	87	following the Branch River in a northeasterly direction to the Nasonville Fire District line; then 7
88	88	turning in a northwesterly direction along the Nasonville Fire District to the southeast corner of Lot 8
89	89	1, Map 8; turn westerly 263.48 feet along the southern boundary of Lot 1, Map 8; then northerly 9
90	90	332.62 feet; then westerly 1,119.17 feet along said lot 1, Map 8 and along the southerly boundary 10
91	91	of Lot 3 Map 7; then north 83.80 feet to the Massachusetts state line, said point being the the 11
92	92	northwest corner of the Nasonville Fire District boundary, and following said line due west to a 12
93	93	point three hundred (300) feet beyond Round Top Road; due southeast to the corner of Hill Road 13
94	94	and Centennial Street; bordering the Pascoag Fire District line, southerly through the intersection 14
95	95	of Union Avenue and Oak Street to a point nine hundred twenty-three (923) feet west of Memorial 15
96	96	Bridge on Main Street, Pascoag; due southeast from this point to the intersection of Mowry Street 16
97	97	and Lapham Farm Road, continue southeast along the Pascoag Fire District line to the Glocester 17
98	98	town line; due east on said line to the point of beginning, as recorded at the Harrisville Fire District 18
99	99	office. 19
100	100	(b) Management and Officers 20
101	101	A. Operating Committee -- Establishment. 21
102	102	1. Except as otherwise provided herein, all the powers of the district shall be vested in and 22
103	103	exercised by an operating committee elected by the electors of the district and consisting of seven 23
104	104	(7) members who shall be residents and electors of the district and chosen as follows: at the first 24
105	105	annual meeting following the passage of this charter, two (2) members shall be elected for one (1) 25
106	106	year, two (2) members for two (2) years, and three (3) members for three (3) years; and, thereafter, 26
107	107	as the terms of the members expire, there shall be elected two (2) or three (3) members as the case 27
108	108	may be. 28
109	109	2. Any vacancy that may occur in the operating committee shall be filled by a majority vote 29
110	110	of that committee, and the person so elected shall serve until the next annual or special meeting of 30
111	111	the district, at which time an election shall be held to fill the remainder of the unexpired term of the 31
112	112	departed member. 32
113	113	B. Powers of the Operating Committee. The operating committee shall be responsible for 33
114	114	the overall management of the district. It shall have charge and control of all property of the district 34
115	115
116	116
117	117	LC000653 - Page 4 of 15
118	118	and shall have full authority to exercise all the powers and functions necessary to carry out the 1
119	119	purposes of the district. The operating committee's responsibilities shall include the following: 2
120	120	1. To make a full and complete report at each annual meeting of the district of the 3
121	121	operations of the district and such other events and transactions as it may deem necessary and 4
122	122	appropriate. 5
123	123	2. To prepare and submit a proposed budget and tax levy for all operations of the district 6
124	124	other than the water department for approval by the electors of the district at the annual meeting. 7
125	125	3. To prepare and submit a proposed budget and anticipated revenues of the water 8
126	126	department for approval by the electors of the district at the annual meeting. 9
127	127	4. To insert new items or increase any items in the budgets of the district whenever the 10
128	128	same may be deemed necessary or convenient, provided no budget may be exceeded by more than 11
129	129	2.5% without prior approval of the district at a special meeting. 12
130	130	5. To have control of all fire apparatus belonging to the district except when under the 13
131	131	control of the fire chief as provided herein. 14
132	132	6. To appoint a fire chief, superintendent of the water department, collector of taxes, and 15
133	133	such other officers and employees as it shall deem necessary to conduct the business of the district, 16
134	134	which said appointees, officers and employees shall act under the direction and control of the 17
135	135	operating committee, and to fix their salaries. 18
136	136	7. To employ a certified public accountant to annually audit all accounts of the district. 19
137	137	8. To act as a board of abatement with power to abate any district taxes, upon 20
138	138	recommendation of the district board of assessors established herein and in accordance with 21
139	139	applicable law. 22
140	140	9. To act as the board of canvassers for the district and prepare the voting list to be used at 23
141	141	any annual or special meeting of the district. 24
142	142	10. To make appointments to fill any vacancies on the operating committee or district 25
143	143	offices until the next annual or special meeting of the district. 26
144	144	C. Officers. 27
145	145	1. The officers of the district shall include a moderator, clerk, and three (3) assessors, who 28
146	146	shall comprise the district board of assessors. The duties and powers of said officers shall be such 29
147	147	as like other officers of towns in this state. All officers must be residents and electors of the district. 30
148	148	2. The assessors shall be elected as follows: at the first annual meeting following the 31
149	149	passage of this charter, one (1) assessor shall be elected for one (1) year, one (1) assessor shall be 32
150	150	elected for two (2) years and one (1) assessor shall be elected for three (3) years; and thereafter, as 33
151	151	the terms of the assessors expire, one (1) assessor shall be elected each year for a term of three (3) 34
152	152
153	153
154	154	LC000653 - Page 5 of 15
155	155	years. 1
156	156	3. Unless otherwise provided in the by-laws of the district, all other officers shall be elected 2
157	157	at the annual meeting of the district to hold office for a term of one (1) year or until a successor is 3
158	158	elected and qualified. Vacancies occurring in any office may be filled for the unexpired term by 4
159	159	the operating committee. 5
160	160	4. The chairperson shall oversee the day-to-day operation of the district personnel and shall 6
161	161	make any determinations necessary to maintain satisfactory operation, should a situation that 7
162	162	requires immediate attention to avoid interruptions to the district occur. 8
163	163	(c) Electors and Meetings 9
164	164	A. Electors. The inhabitants of the district qualified and registered to vote for elected 10
165	165	offices in the town of Burrillville shall be the electors of the district and shall be eligible to vote 11
166	166	and act at any annual or special meeting of the district. 12
167	167	B. Annual Meeting. The annual meeting of the district shall be held on the second Monday 13
168	168	Tuesday of June August in each year. 14
169	169	C. Notice. All meetings, whether annual or special, shall be held at some suitable place 15
170	170	within the territorial limits of the district. All such meetings shall be publicized by posting notices 16
171	171	thereof in at least five (5) public places in the district, not less than one week prior to the date on 17
172	172	which such meeting is called. Notice shall also be published not less than one week prior to the 18
173	173	meeting in a public newspaper which is published daily and has a circulation within the town of 19
174	174	Burrillville. It shall be the duty of the clerk or the moderator to call a special meeting upon written 20
175	175	application signed by twelve (12) electors of the district or upon the order of the operating 21
176	176	committee. Whenever the subject of ordering a tax or an amendment to this charter is to be acted 22
177	177	upon, the same shall be so stated in the notice; provided, that notice of an annual meeting need not 23
178	178	mention that a tax levy is to be acted upon. 24
179	179	D. Voting List. The voting list too be used at any annual or special meeting shall be 25
180	180	canvassed by the operating committee not more than forty-five (45) nor less than five (5) days 26
181	181	before the date of any such meeting. In preparing the district voting list, the operating committee, 27
182	182	sitting as the board of canvassers, shall canvas and correct the district voting list in the same 28
183	183	manner, or as near as may be, as provided by law for boards of canvassers of towns in this state; 29
184	184	provided, nevertheless, that it may rely upon the most recent registered voting list of the district as 30
185	185	compiled and maintained by the town of Burrillville. 31
186	186	E. Quorum. Ten (10) electors shall be deemed to constitute a quorum for any meeting. 32
187	187	F. Procedure 33
188	188	1. Upon the demand of at least one-fifth of the electors present at any district meeting, any 34
189	189
190	190
191	191	LC000653 - Page 6 of 15
192	192	pending motion, resolution, or matter, other than a motion to adjourn or to amend a pending motion, 1
193	193	resolution, or matter, shall be called for a vote by the moderator. 2
194	194	2. The clerk shall keep and maintain minutes of any meeting of the district, which shall 3
195	195	include the results of any votes taken. The minutes shall be read and approved by a vote taken at 4
196	196	the next annual or special meeting of the district. 5
197	197	3. Except as otherwise provided in the by-laws of the district, a majority of electors present 6
198	198	and voting at any meeting of the district shall be necessary to approve any motion, resolution, or 7
199	199	matter called to vote. 8
200	200	4. In the event that any elector shall desire to present any motion, resolution, or matter at 9
201	201	an annual meeting of the district that would require the appropriation of money, said elector shall 10
202	202	first present said motion, resolution, or matter to the operating committee at the advertised public 11
203	203	meeting of the operating committee scheduled immediately before the date of the annual meeting 12
204	204	of the district. In the event that said motion, resolution, or matter is rejected by the operating 13
205	205	committee, the elector may then present the same motion, resolution, or matter at the annual 14
206	206	meeting under new business, provided said elector files in writing a copy of said motion, resolution, 15
207	207	or matter with the operating committee at least ninety six (96) hours prior to the annual meeting. 16
208	208	In the event any motion, resolution, or matter is proposed at an annual meeting without first 17
209	209	complying with the aforesaid prerequisites, said motion, resolution, or matter shall be ruled out of 18
210	210	order. 19
211	211	5. The district may enact such by-laws as it deems necessary and appropriate for the 20
212	212	regulation and conduct of its meetings as provided herein. 21
213	213	(d) Taxation 22
214	214	A. Authorization. 23
215	215	1. At any meeting of the district, the electors of the district shall have the power to order 24
216	216	such taxes and provide for assessing and collecting the same on the ratable real estate and tangible 25
217	217	personal property in the district, including an excise tax on motor vehicles in accordance with 26
218	218	R.I.G.L. section 44-34-1, et seq., and as the same may be amended from time to time, as they shall 27
219	219	deem necessary to carry out the purposes of the district as provided herein. At any such meeting, 28
220	220	the electors shall also be empowered to authorize the board of assessors to impose a minimum tax 29
221	221	of not less than $10.00 $25.00 to be applied to any ratable real estate and tangible personal property, 30
222	222	the assessment for which would be less than the minimum tax at the uniform assessed rate. 31
223	223	2. Such taxes so ordered shall be assessed by the board of assessors of the district on the 32
224	224	taxable inhabitants thereof and the property therein according to the last valuation made by the 33
225	225	assessors of the town of Burrillville, adding however, any tax from property which may have been 34
226	226
227	227
228	228	LC000653 - Page 7 of 15
229	229	omitted by said town assessors or afterwards acquired, and in all cases where the town assessors 1
230	230	have included property within and without the district in one valuation, the assessors of the district 2
231	231	shall make an equitable valuation of that portion of said property lying within the district. 3
232	232	3. The board of assessors is The operating committee, or those appointed by the operating 4
233	233	committee are also empowered to enter into binding agreements with adjacent water or fire districts 5
234	234	relative to the reasonable and equitable apportionment of taxes assessed on properties located along 6
235	235	their shared boundaries. 7
236	236	4. In assessing and collecting said taxes, the officers of the district shall conduct such 8
237	237	proceedings and follow such procedures as the law requires be followed by the corresponding 9
238	238	officers of towns in assessing and collecting town taxes, to the extent practicable. 10
239	239	5. The district may provide for such deduction from any tax assessed if paid by an 11
240	240	appointed time, or for such penalty by way of percentage of the tax if not paid at the appointed 12
241	241	time, not exceeding eighteen percent (18%) per annum, as it may deem necessary to insure punctual 13
242	242	payment. The district may also include liens and/or legal fees required to collect said payments. 14
243	243	B. Assessment. 15
244	244	1. The district board of assessors operating committee shall annually levy and assess a tax 16
245	245	at such a rate so as to provide revenue sufficient to pay all operating expenses together with any 17
246	246	other items set forth in the budget for the current year, on all property within the limits of the 18
247	247	district, or belonging to the residents thereof, which is liable to taxation under this charter, said levy 19
248	248	and assessment to be made by the assessors operating committee on or before August 15th in each 20
249	249	year. The board of assessors operating committee, upon completing the assessment for the year, 21
250	250	shall date and sign the same. 22
251	251	2. The tax so assessed shall be due and payable on or before September October 1st in each 23
252	252	year and all taxes remaining unpaid on September 30th October 31st in each year shall thereafter 24
253	253	bear interest at a rate established by the operating committee. 25
254	254	3. The tax rate shall be based on the assessment of real and personal property of the taxable 26
255	255	inhabitants of the district as compiled and maintained by the town of Burrillville and described in 27
256	256	the tax rolls, except as otherwise provided herein. Exemptions as described in the town tax rolls 28
257	257	shall be honored, but the amount in each category is to be determined by the operating committee. 29
258	258	C. Collection. 30
259	259	1. The collector of taxes, before commencing his or her duties, shall give his or her bond 31
260	260	with corporate surety in an amount and form satisfactory to the operating committee, the premiums 32
261	261	for which shall be paid by the district. 33
262	262	2. Upon the commitment to him or her of the assessment, the collector shall collect all taxes 34
263	263
264	264
265	265	LC000653 - Page 8 of 15
266	266	levied and assessed, said taxes to be payable on or before such time as provided herein or as the 1
267	267	district may determine. The collector of taxes shall proceed on behalf of the district in accordance 2
268	268	with applicable law to collect all taxes assessed and unpaid as of September October 1st of each 3
269	269	year. The collector of taxes shall close his or her books on the last day of August September in each 4
270	270	year. 5
271	271	3. The collector shall thereafter prepare and submit at the annual meeting, or at a special 6
272	272	meeting if called upon to do so by a vote of the district, an annual report, audited by a certified 7
273	273	public accountant and confirmed and approved by the operating committee, describing the 8
274	274	condition of the district finances and the receipts and expenditures for the fiscal year preceding the 9
275	275	meeting. 10
276	276	4. The collector of taxes for the district shall have the same powers and authority as are 11
277	277	conferred by law on collectors of taxes in the towns of this state. 12
278	278	D. Imposition of fees in lieu of taxes. 13
279	279	1. The operating committee shall have the power to determine an amount of taxes or fees 14
280	280	to be imposed in lieu of taxes to be paid each year on account of the real or personal property used 15
281	281	in connection with any facility for the generation of electricity located in the district, 16
282	282	notwithstanding the valuation of such property or the rate of tax. Such determination shall be for a 17
283	283	period not to exceed twenty-five (25) years. Any fees payable hereunder shall constitute a lien on 18
284	284	the property and shall bear interest and be otherwise collectible as may be provided in any contract 19
285	285	or agreement. 20
286	286	2. The operating committee shall be vested with the power and authority to enter into any 21
287	287	contract or agreement regarding the amount of taxes or fees to be imposed in lieu of taxes upon any 22
288	288	facility for the generation of electricity located in the district. Such contract or agreement may 23
289	289	contain such terms and conditions as the operating committee, in its sole discretion, shall deem 24
290	290	necessary and appropriate, including, but not limited to, a provision indemnifying the owner or 25
291	291	lessors of such real or personal property used in connection with any facility for the generation of 26
292	292	electricity from third parties claiming payments for any reason, including the provision of fire 27
293	293	suppression and emergency medical and ambulance services or such other services as the district 28
294	294	may provide. 29
295	295	3. All prior agreements between the district and the owner or lessors of such real or personal 30
296	296	property used in connection with any facility for the generation of electricity or actions taken in 31
297	297	connection therewith are hereby ratified in all respects. 32
298	298	E. Fire Department 33
299	299	A. Fire department -- Establishments. The district shall have the power to establish, in such 34
300	300
301	301
302	302	LC000653 - Page 9 of 15
303	303	form of entity as it may deem appropriate, a fire department for the purposes of providing fire 1
304	304	suppression and emergency medical and ambulance services as provided in this charter. The 2
305	305	operating committee may appoint and employ as many persons, including officers, and make any 3
306	306	and all provisions or by-laws for the purpose of organizing, establishing, and operating the fire 4
307	307	department as it may deem necessary and appropriate. 5
308	308	B. Fire Chief. 6
309	309	1. The chief of the fire department shall be appointed for a term of three (3) years by and 7
310	310	under the direction and control of the operating committee. The chief shall be responsible for 8
311	311	supervising the day to day affairs and operation of the fire department. 9
312	312	2. The fire chief shall be in sole command of fire department personnel, apparatus, and 10
313	313	equipment from the time they leave the fire station and until they return, and only the chief shall 11
314	314	direct orders to the officers and personnel of the fire department when so deployed. If, due to illness, 12
315	315	absence or for any other cause, the chief is unable to act, the senior officer of the department shall 13
316	316	assume all the duties of the chief. 14
317	317	3. The chief shall be consulted by the operating committee with respect to the purchase of 15
318	318	any fire apparatus or equipment. The operating committee shall consult with the chief with respect 16
319	319	to the purchase of fire apparatus or major equipment purchases. 17
320	320	4. The superintendent of the water department shall notify the chief of any condition or 18
321	321	situation that would endanger property within the district in the event of fire or other emergency. 19
322	322	C. Emergency powers. At any fire or emergency, the chief, or in his or her absence, the 20
323	323	senior officer, shall have the power to take any and all action deemed necessary and appropriate to 21
324	324	stop the progress of any fire, to suppress all disturbances and maintain order, to order any or all 22
325	325	persons to leave the vicinity of any fire, and to command from the inhabitants of the district all 23
326	326	necessary assistance in suppressing the fire and preserving and protecting life and property, and 24
327	327	any person violating such an order may be prosecuted and subject to the same penalties as provided 25
328	328	in section (g) B. below. 26
329	329	F. Water Department 27
330	330	A. Water department -- Establishment. The district shall have the power to establish, in 28
331	331	such form of entity as it may deem appropriate, a water department for the purpose of procuring, 29
332	332	distributing, and selling water as provided in this charter. The operating committee may appoint 30
333	333	and employ as many persons including officers, and make any and all provisions or by-laws for the 31
334	334	purpose of organizing, establishing, and operating the water department as it may deem necessary 32
335	335	and appropriate. 33
336	336	B. Superintendent. The superintendent of the water department shall be appointed by and 34
337	337
338	338
339	339	LC000653 - Page 10 of 15
340	340	under the direction and control of the operating committee. The superintendent shall be responsible 1
341	341	for supervising the day to day affairs and operation of the water department. 2
342	342	C. District water board. 3
343	343	1. The district water board operating committee shall serve as the district water board and 4
344	344	be responsible for overall management and control of the water department., subject to 5
345	345	confirmation and approval of its acts by the operating committee. The water board shall be 6
346	346	composed of at least three (3) members, at least two (2) of whom shall also be members of the 7
347	347	operating committee. The water board shall answer and report to the operating committee. 8
348	348	2. In the event the district distributes water outside the territorial limits of the district, and 9
349	349	the total number of outside customers shall equal twenty percent (20%) or more of the customers 10
350	350	served within the district, such outside customers shall be entitled to proportional representation on 11
351	351	the water board, rounded to the nearest whole number, as near as practicable. The operating 12
352	352	committee shall alter the number of members on the water board to provide for such representation 13
353	353	and whole number proportions; provided, there shall never be less than three (3) nor more than nine 14
354	354	(9) members on the board. The operating committee shall determine the manner of appointing, 15
355	355	selecting, or electing the representatives of such outside customers. Accordingly, and by way of 16
356	356	example, as soon as the number of outside water customers of the district reaches twenty percent 17
357	357	(20%), assuming an existing water board of three (3) members, the district shall increase the size 18
358	358	of the board to five (5) members, four (4) of whom shall be representatives of the district and one 19
359	359	(1) of whom shall represent the outside customers. By way of further example, should the number 20
360	360	of outside customers subsequently reach twenty-five percent (25%), the operating committee may 21
361	361	elect to either eliminate a district member from the board, leaving three (3) for the district and one 22
362	362	(1) for outside customers, or increase the board to eight (8) members, six (6) of whom shall be 23
363	363	representatives of the district and two (2) of whom shall be representatives of outside customers. 24
364	364	The operating committee need not alter the size of or proportional representation on the board 25
365	365	unless there is a five percent (5%) or greater change in the proportion between district and outside 26
366	366	customers. 27
367	367	3. Each member of the water board shall be entitled to one (1) vote and at least two-thirds 28
368	368	of the members of the board, rounded to the nearest whole number, shall be deemed to constitute a 29
369	369	quorum for any meeting of the board. A majority of members present and voting at any meeting of 30
370	370	the water board shall be necessary to approve any motion, resolution, or matter called to vote. 31
371	371	4. Subject to approval of the operating committee, the water board may enact such by-laws 32
372	372	as it deems necessary and appropriate for the regulation and conduct of its meetings and business. 33
373	373	D. Non-discrimination in rates. The price charged to outside customers, per unit of water, 34
374	374
375	375
376	376	LC000653 - Page 11 of 15
377	377	shall not be greater than the price charged to district customers for the same unit of water. 1
378	378	E. Exclusive right to distribute. The district shall have the exclusive right to distribute and 2
379	379	charge a fee for any water or water supply it procures or obtains. 3
380	380	F. Water charges as lien. The owner of any house, building, tenement, or estate shall be 4
381	381	liable for the payment of the price or rent or rates fixed by the district for the use of water furnished 5
382	382	by the district to the owner or occupant of the house, building, tenement, or estate; and the price, 6
383	383	rent, or rates shall be a lien upon the house, building, tenement, or estate in the same way and 7
384	384	manner as taxes assessed on real estate are liens, and, if not paid as required by the district, shall 8
385	385	be collected in the same manner that taxes assessed on real estate are by law collected; provided, 9
386	386	however, that the district may charge interest on delinquent payments at a rate of not more than 10
387	387	eighteen percent (18%) per annum, all in accordance with R.I.G.L. section 39-15-12. 11
388	388	G. By-laws 12
389	389	A. General. The district may enact any and all by-laws deemed necessary and appropriate 13
390	390	to carry out its purposes as provided in this charter; provided, that no greater penalty may be 14
391	391	imposed than is prescribed in section (g) B. below, and that the same not be in violation of or 15
392	392	repugnant to this charter or any laws of this state. 16
393	393	B. Emergencies. The district shall have the power to enact by-laws prescribing the duties 17
394	394	of the inhabitants of the district during a fire or other emergency and for the purpose of enforcing 18
395	395	the commands of fire department officers with respect to suppressing disorder, guarding or 19
396	396	removing property, or rendering other services in time of fire, and also for the protection of water 20
397	397	pipes, hydrants, safety valves, water gates or other apparatus or property of the district, and for any 21
398	398	breach of such by-laws may provide a penalty not exceeding a fine of one thousand dollars ($1,000) 22
399	399	to be recovered for the use of the district, or imprisonment for a term not exceeding thirty (30) days, 23
400	400	which said penalties may be enforced by prosecution on complaint of any officer of said fire 24
401	401	department before any court of competent jurisdiction. Any such prosecution must first be 25
402	402	authorized and approved by the operating committee. 26
403	403	(H) Bonds and other obligations. 27
404	404	A. Power to issue bonds and other instruments of indebtedness. The district shall have the 28
405	405	power and authority to issue bonds and any other instruments of indebtedness and to secure the 29
406	406	payment of the same in any manner and subject to such terms and conditions as may be deemed 30
407	407	necessary and appropriate and set forth in the resolution authorizing said bonds or other instruments 31
408	408	of indebtedness. The operating committee shall authorize the issuance of any bonds or other 32
409	409	instruments of indebtedness in a resolution, which shall thereafter be approved by the electors of 33
410	410	the district at any annual or special meeting. Any bonds or other instruments of indebtedness shall 34
411	411
412	412
413	413	LC000653 - Page 12 of 15
414	414	be signed by the clerk or any member of the operating committee designated in the resolution 1
415	415	authorizing the same and shall bear the seal of the district or a facsimile thereof. 2
416	416	B. Limitation on alteration of powers of the district. The state does hereby pledge to and 3
417	417	agree with the holders of the bonds and other instruments of indebtedness of the district that the 4
418	418	state shall not limit or alter rights hereby vested in the district until the bonds or other instruments 5
419	419	of indebtedness, together with interest thereon, and all costs and expenses in connection with any 6
420	420	actions or proceedings by or on behalf of the holders thereof, are fully met and discharged or 7
421	421	otherwise provided for. 8
422	422	(I) Eminent Domain. 9
423	423	A. Authorization to take private property. In order to carry out the purposes of this charter, 10
424	424	the district shall have and enjoy all the authority and power conferred by the provisions of R.I.G.L. 11
425	425	Section 39-15-1, et seq., entitled "Water Supply," as the same may be amended from time to time; 12
426	426	or, in the alternative, the district may elect to utilize the procedures for condemnation set forth in 13
427	427	R.I.G.L. Section 24-1-1, et seq., entitled "Laying Out and Taking by Cities and Towns," as the 14
428	428	same may be amended from time to time. When utilizing the condemnation procedures pursuant to 15
429	429	either of the foregoing provisions, the district shall have all the authority and power of and be 16
430	430	subject to all the duties and liabilities imposed upon electors of towns, towns, or town councils by 17
431	431	said provisions. 18
432	432	B. Installation and maintenance of pipes and other apparatus. The district may, within and 19
433	433	without the district and within the limits of the town of Burrillville, and also without the consent of 20
434	434	the town, install, make, construct, and maintain pipes, aqueducts, conduits, machinery, or other 21
435	435	equipment or appliances, or authorize the same to be done, and regulate the used thereof to the 22
436	436	extent deemed necessary or appropriate to carry out the purposes of the district. The power 23
437	437	conferred upon the district by this provision shall include the authority to carry any works to be 24
438	438	constructed over or enter upon and excavate under any highway, turnpike, railroad, street, or other 25
439	439	public way for the purpose of locating, laying, constructing, building, installing, operating, 26
440	440	maintaining, altering, repairing or replacing any pipes, appliances or other such apparatus, upon or 27
441	441	beneath the surface, in such a manner so as not to permanently obstruct free travel thereon. In 28
442	442	exercising the power granted under this provision, the district shall, except in emergencies, provide 29
443	443	advance notice to and otherwise cooperate and coordinate with the town to ensure that any such 30
444	444	installation or excavation shall be carried out with reasonable dispatch and with as little interference 31
445	445	with and inconvenience to the rights of the public as may be feasible. The district shall restore any 32
446	446	highway, turnpike, railroad, street, or other public way as near as may be possible to its original 33
447	447	condition of safety and utility after any such installation or excavation. 34
448	448
449	449
450	450	LC000653 - Page 13 of 15
451	451	(J) Miscellaneous. 1
452	452	A. Tax exemption. It is hereby declared that the district and the carrying out of its corporate 2
453	453	purposes are in all respects for the benefit of the people of the state, and for the improvement of 3
454	454	their health, safety, welfare, and prosperity, and that the district will be performing essential 4
455	455	governmental functions in the exercise of the powers conferred by this charter. Accordingly, the 5
456	456	district shall be required to pay no taxes or assessments or sums in lieu of taxes to the state or any 6
457	457	political subdivision thereof upon any of the property acquired by it or under its jurisdiction, 7
458	458	control, possession, or supervision or upon its activities or operations or upon any earnings, 8
459	459	revenues, moneys, or other income derived by the district, and that the bonds issued by the district 9
460	460	and any income therefrom shall at all times be exempt from taxation. 10
461	461	B. Costs of collection. In addition to any other sums to which it may be entitled in 11
462	462	accordance with this charter and applicable law, in any action or proceeding to collect taxes 12
463	463	assessed or fees imposed in accordance with this charter, the district shall be entitled to also collect 13
464	464	the reasonable costs of collection, including attorneys fees. 14
465	465	C. Public customers -- Non-discrimination. The district shall charge any city, county, town, 15
466	466	or water or fire district for the use of any facility of or services rendered by or any water, 16
467	467	commodities, or other utilities furnished to it by the district at rates applicable to other consumers 17
468	468	of such utilities or services. 18
469	469	D. Not public utility. Notwithstanding the definition set forth in R.I.G.L. Section 39-1-19
470	470	2(20), and as the same may be amended from time to time, the district shall not be considered a 20
471	471	"public utility" otherwise subject to regulation in accordance with applicable law, as long as the 21
472	472	price charged to outside customers per unit of water, light, or power is not greater than the priced 22
473	473	charged to district customers for the same unit of water, light, or power. 23
474	474	E. Open meetings law. The district shall comply with the state Open Meetings Law, 24
475	475	R.I.G.L. Section 42-46-1, et seq., and as the same may be amended from time to time. 25
476	476	F. Access to public records. The district shall comply with the state Access to Public 26
477	477	Records Act, R.I.G.L. Section 38-2-1, et seq., and as the same may be amended from time to time. 27
478	478	G. Award of contracts. The district shall comply with the state Award of Municipal 28
479	479	Contracts Act, R.I.G.L. Section 45-55-1, et seq., and as the same may be amended from time to 29
480	480	time. 30
481	481	H. Continuation of district. Any act, resolution, contract, employment, and/or any other 31
482	482	obligation, matter, or thing undertaken by the district in accordance with its charter as originally 32
483	483	granted, and as the same has been amended from time to time, shall be deemed to be continued and 33
484	484	in full force and effect under the terms of the charter as amended and granted herein. 34
485	485
486	486
487	487	LC000653 - Page 14 of 15
488	488	I. Amendment. This charter may be amended by a majority of electors present and voting 1
489	489	at any annual or special meeting of the district, provided noticed thereof states that amendment to 2
490	490	the charter shall be considered at such meeting. An amendment to the charter shall be effective only 3
491	491	upon passage of an act by the general assembly amending the charter in conformity with such prior 4
492	492	vote of the district. 5
493	493	SECTION 2. This act shall take effect upon passage. 6
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495	495	LC000653
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497	497
498	498
499	499	LC000653 - Page 15 of 15
500	500	EXPLANATION
501	501	BY THE LEGISLATIVE COUNCIL
502	502	OF
503	503	A N A C T
504	504	RELATING TO HARRISVILLE FIRE DISTRICT
505	505	***
506	506	This act would amend the Harrisville Fire District Charter allowing the district to provide 1
507	507	rescue services in addition to fire suppression, medical and ambulance services. This act would 2
508	508	further require that the operating committee would replace the district water board and be 3
509	509	responsible for the management and control of the water department. 4
510	510	This act would take effect upon passage. 5
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512	512	LC000653
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