| 25 | 25 | | Section 1. Consolidation; Name; Jurisdiction 3 |
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| 26 | 26 | | All that part of the Town of Burrillville encompassing the villages of Oakland, Mapleville, 4 |
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| 27 | 27 | | Whipples, Gazzaville, Tarkiln, Oak Valley, Nasonville, Mohegan, Mount Pleasant and parts of the 5 |
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| 28 | 28 | | village of Glendale, to include all property of the former Oakland-Mapleville Fire District # 4 and 6 |
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| 29 | 29 | | the Nasonville Fire District as defined and as more specifically described in Section 13 hereof, are 7 |
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| 32 | | - | other powers generally incident to corporations. The East Burrillville Fire District, upon 10 |
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| 33 | | - | consolidation, shall be vested with title, ownership and control of all property and assets of, and 11 |
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| 34 | | - | shall assume all liabilities of, the Oakland-Mapleville #4 and the Nasonville Fire Districts. The 12 |
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| 35 | | - | Oakland-Mapleville #4 and the Nasonville Fire Districts shall be hereby dissolved and the charters 13 |
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| 36 | | - | are hereby revoked upon said consolidation being approved. 14 |
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| 32 | + | other powers generally incident to corporations. The Burrillville Fire District, upon consolidation, 10 |
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| 33 | + | shall be vested with title, ownership and control of all property and assets of, and shall assume all 11 |
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| 34 | + | liabilities of, the Oakland-Mapleville #4 and the Nasonville Fire Districts. The Oakland-Mapleville 12 |
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| 35 | + | #4 and the Nasonville Fire Districts shall be hereby dissolved and the charters are hereby revoked 13 |
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| 36 | + | upon said consolidation being approved. 14 |
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| 44 | 44 | | Section 3. Meetings. 1 |
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| 45 | 45 | | The annual meeting of the District shall be held on the third Wednesday in September in 2 |
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| 46 | 46 | | each year. The Clerk of the District shall, at least five (5) days before the meeting, give notice of 3 |
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| 47 | 47 | | the same by posting conspicuously in public places within the limits of the District, not less than 4 |
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| 48 | 48 | | three (3) written or printed notices setting forth the time and place of such meeting. 5 |
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| 49 | 49 | | A special meeting may be called by twelve (12) or more of the Qualified Voters of the 6 |
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| 50 | 50 | | District. Such call shall consist of posting in the same manner and for the same time before such 7 |
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| 51 | 51 | | meetings as are the annual meetings. No vote except upon an adjournment or on the election of 8 |
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| 52 | 52 | | officers pro tempore shall be taken at any meeting of the District unless at least twelve (12) 9 |
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| 53 | 53 | | Qualified Voters are present at such meeting. All persons possessing the qualifications set forth in 10 |
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| 54 | 54 | | Section 2 of this act shall be entitled to vote by ballot or otherwise as they determine, at the first 11 |
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| 55 | | - | meeting upon the proposition: "Shall the East Burrillville Fire District be established according to 12 |
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| 56 | | - | the act of consolidation passed by the general assembly of the State of Rhode Island". If a majority 13 |
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| 57 | | - | of the persons so qualified shall vote in the affirmative, the Fire District shall be established 14 |
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| 58 | | - | according to the provision of this act. If a majority of the persons so voting shall vote in the 15 |
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| 59 | | - | negative, then this act shall become null and void. All meetings of the District shall be in accord 16 |
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| 60 | | - | with the Open Meetings Law, chapter 46 of title 42. 17 |
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| 55 | + | meeting upon the proposition: "Shall the Burrillville Fire District be established according to the 12 |
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| 56 | + | act of consolidation passed by the general assembly of the State of Rhode Island". If a majority of 13 |
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| 57 | + | the persons so qualified shall vote in the affirmative, the Fire District shall be established according 14 |
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| 58 | + | to the provision of this act. If a majority of the persons so voting shall vote in the negative, then 15 |
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| 59 | + | this act shall become null and void. All meetings of the District shall be in accord with the Open 16 |
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| 60 | + | Meetings Law, chapter 46 of title 42. 17 |
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| 61 | 61 | | Section 4. Governing Body. 18 |
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| 62 | 62 | | The Qualified Voters of the District at each annual meeting, may elect an operating 19 |
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| 63 | 63 | | committee (the “Operating Committee”) to serve staggered terms according to the Bylaws of the 20 |
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| 64 | 64 | | District, until the next annual meeting and until others may be chosen in their stead. The Operating 21 |
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| 65 | 65 | | Committee shall consist of seven (7) members. The Operating Committee shall elect one of its 22 |
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| 66 | 66 | | members to serve as Chairperson of the District which includes the duties incumbent upon any 23 |
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| 67 | 67 | | Chief Executive Officer and shall be the official spokesperson for the District. Any vacancy on the 24 |
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| 68 | 68 | | Operating Committee shall be filled by the next highest vote getter at the prior annual District 25 |
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| 69 | 69 | | meeting. If there is none, or if the one chosen shall decline to serve, the next highest vote getter 26 |
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| 70 | 70 | | will be chosen. If there are none, then the remaining Operating Committee members shall appoint 27 |
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| 71 | 71 | | a Qualified Voter to serve. The Operating Committee, by majority vote, shall appoint operating 28 |
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| 72 | 72 | | officers to include a Clerk, Treasurer, and a Collector of Taxes/Tax Assessor, whose duties and 29 |
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| 73 | 73 | | powers within the District shall be such as like officers of the towns in this state. The Chairperson 30 |
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| 74 | 74 | | shall serve as an ex officio member of all subcommittees of the Operating Committee and shall 31 |
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| 75 | 75 | | vote, as a member of the subcommittees, only when necessary to break a tie. The Operating 32 |
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| 76 | 76 | | Committee shall have full power to manage the affairs and interests of the District. The Operating 33 |
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| 77 | 77 | | Committee shall have responsibility for maintaining, repairing and insuring all property, real and 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 81 | 81 | | personal, owned by the District. The Operating Committee shall appoint a Fire Chief. The Fire 1 |
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| 82 | 82 | | Chief shall have general supervision and control of the fire companies and shall serve as liaison 2 |
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| 83 | 83 | | between the Operating Committee and the fire companies. All members of the Operating 3 |
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| 84 | 84 | | Committee shall be residents and Qualified Voters of the District. The Operating Committee may, 4 |
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| 85 | 85 | | at its option, appoint non-residents to the positions of Clerk, Tax Collector/Tax Assessor, Treasurer 5 |
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| 86 | 86 | | and Fire Chief. 6 |
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| 87 | 87 | | Section 5. Taxes. 7 |
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| 88 | 88 | | The Qualified Voters of the District at any of their legal meetings, shall have power to 8 |
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| 89 | 89 | | order such taxes, and provide for assessing and collecting the same on the taxable inhabitants and 9 |
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| 90 | 90 | | property in the District, as they shall deem necessary for purchasing, hiring and otherwise procuring 10 |
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| 91 | 91 | | real estate, buildings, implements and apparatus and a supply of water for the extinguishing of fires; 11 |
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| 92 | 92 | | purchasing, hiring and otherwise procuring equipment for the providing of emergency medical 12 |
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| 93 | 93 | | services; for the payment of the operating expenses of the District; for the preservation of the public 13 |
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| 94 | 94 | | peace; and for the payment of any indebtedness incurred by the District; and such taxes so ordered 14 |
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| 95 | 95 | | shall be assessed by the assessor of the District on the taxable inhabitants and the property therein 15 |
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| 96 | 96 | | according to the last valuation made by the Assessor of the Town next previous to said assessment, 16 |
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| 97 | 97 | | adding, however, any taxable property which have been omitted by said Town Assessor or after 17 |
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| 98 | 98 | | acquired, and in all cases where the Town Assessor has included property within the District and 18 |
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| 99 | 99 | | property without the District in one valuation, the Assessor of the District shall make an equitable 19 |
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| 100 | 100 | | valuation of the portion of the same lying within the District; and in the assessing and collecting of 20 |
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| 101 | 101 | | said taxes such proceeding shall be had by the officers of the District, as near as may be, as are 21 |
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| 102 | 102 | | required to be had by the corresponding officers of Towns in assessing and collection of taxes; and 22 |
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| 103 | 103 | | the collector of taxes for the District shall, for the purpose of collecting taxes assessed by the 23 |
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| 104 | 104 | | District, have the same powers and authority as are now or may hereafter be by law conferred on 24 |
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| 105 | 105 | | collectors of taxes for towns in this state. The District may assess such penalty by way of percentage 25 |
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| 106 | 106 | | on the tax if not paid at the appointed time not to exceed eighteen percent (18%) per annum, as they 26 |
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| 107 | 107 | | shall deem necessary. In addition to any other sums to which it may be entitled in accordance with 27 |
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| 108 | 108 | | this Charter and applicable laws, in any action or proceeding to collect taxes, the District shall be 28 |
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| 109 | 109 | | entitled to collect the reasonable costs of collection including, but not limited to, attorneys' fees. 29 |
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| 110 | 110 | | The Qualified Voters of the District at any of their legal meetings shall have power to order the sale 30 |
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| 111 | 111 | | or purchase of real property and personal property owned by the District. 31 |
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| 112 | 112 | | Section 6. Bylaws. 32 |
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| 113 | 113 | | The Qualified Voters of the District at any legal meeting shall have the power to enact such 33 |
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| 114 | 114 | | bylaws and from time to time to rescind or amend the same by two-thirds (2/3) vote in accordance 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 118 | 118 | | with the amendment procedure set forth in the Bylaws as they may deem necessary or proper for 1 |
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| 119 | 119 | | the purposes of this act and not repugnant thereto or inconsistent with any other law; provided that, 2 |
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| 120 | 120 | | no greater penalty shall be inflicted thereby than is provided in this Section 6 and may appoint such 3 |
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| 121 | 121 | | committees as they may deem necessary and may fix the compensation of all officers, agents, 4 |
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| 122 | 122 | | employees and committees of the District. Such Bylaws may further prescribe the duties of the Fire 5 |
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| 123 | 123 | | Chief and of the inhabitants of the District in the time of conflagration, and the method of enforcing 6 |
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| 124 | 124 | | the commands of the Fire Chief, and for the appointment of officers for suppressing disorder and 7 |
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| 125 | 125 | | tumult, guarding or removing property, and rendering other services in time of fire or emergency, 8 |
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| 126 | 126 | | and also for the protection of water pipes, hydrants, safety valves, water gates or other apparatus or 9 |
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| 127 | 127 | | property of or in the District, and for any breach of any Bylaw may provide a penalty not exceeding 10 |
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| 128 | 128 | | a fine of one hundred dollars ($100), to be recovered for the use of the District, or imprisonment 11 |
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| 129 | 129 | | for a term not exceeding thirty (30) days, which penalty may be enforced by prosecution, on 12 |
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| 130 | 130 | | complaint of any officer of the Fire District, before any court of competent jurisdiction. Any such 13 |
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| 131 | 131 | | prosecution must first be authorized and approved by the Operating Committee. 14 |
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| 132 | 132 | | Section 7. Authorization to Form Fire Company. 15 |
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| 133 | 133 | | The Operating Committee of the District at any legal meeting shall have the authority to 16 |
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| 134 | 134 | | appoint, or may direct the Fire Chief to appoint, so many men/women as the Operating Committee 17 |
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| 135 | 135 | | deems necessary and proper to be formed into a Fire Company, and to adopt and approve all such 18 |
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| 136 | 136 | | regulations for organizing, establishing and maintaining the same and the equipment thereof as the 19 |
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| 137 | 137 | | Operating Committee shall see fit. 20 |
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| 138 | 138 | | Section 8. Special Meetings. 21 |
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| 139 | 139 | | The District may hold special meetings, which as well as the annual meeting, shall be held 22 |
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| 140 | 140 | | within the District and notification shall be given of such special meeting in such manner as the 23 |
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| 141 | 141 | | Bylaws and the open meetings laws of the State of Rhode Island shall prescribe; and it shall be the 24 |
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| 142 | 142 | | duty of the Clerk to call a special meeting on written application signed by twelve (12) or more 25 |
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| 143 | 143 | | Qualified Voters of the District; and whenever the subject of ordering a tax or amending the Charter 26 |
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| 144 | 144 | | or Bylaws is to be acted on, the same shall be mentioned in the notice, unless it be the annual 27 |
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| 145 | 145 | | meeting. 28 |
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| 146 | 146 | | Section 9. Scope of Bylaws. 29 |
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| 147 | 147 | | The District may enact all Bylaws by it judged necessary and expedient for carrying the 30 |
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| 148 | 148 | | provisions of the act into effect; provided that, no greater penalty be inflicted thereby then is 31 |
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| 149 | 149 | | prescribed in the Section 6; and provided, further, the same be not in violation of or repugnant to 32 |
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| 150 | 150 | | the laws of this State. 33 |
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| 151 | 151 | | Section 10. Liens. 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 155 | 155 | | District taxes shall constitute a lien upon the property assessed and if not paid when due 1 |
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| 156 | 156 | | shall carry an interest penalty at the rate imposed from time to time by vote of the District. 2 |
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| 157 | 157 | | Section 11. Authorization to Borrow Funds. 3 |
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| 158 | 158 | | The District may also borrow money from time to time for the purpose herein specified 4 |
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| 159 | 159 | | and issue bonds or notes therefor which shall be binding upon such District in the same manner as 5 |
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| 160 | 160 | | Town or City notes. All bonds are binding upon the District using them but the District shall not 6 |
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| 161 | 161 | | have outstanding at any time bonds or notes of a face value or more than three percent (3%) of the 7 |
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| 162 | 162 | | total valuation of real estate within the District. 8 |
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| 163 | 163 | | Section 12. Amendments. 9 |
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| 164 | 164 | | This charter may be amended by a vote of at least two-thirds (2/3) of Qualified Voters 10 |
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| 165 | 165 | | present and voting at any annual or special meeting of the District, provided the notice thereof states 11 |
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| 166 | 166 | | that an amendment to the Charter shall be considered at such meeting. An amendment to the Charter 12 |
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| 167 | 167 | | in conformity with such prior vote of the District shall be effective upon approval. 13 |
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| 168 | 168 | | Section 13. Legal Description of the District. 14 |
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| 169 | 169 | | The District shall include: 15 |
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| 170 | 170 | | All that part of the Town of Burrillville enclosed by a line drawn from the point of 16 |
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| 171 | 171 | | beginning at the intersection of Lapham Farm road and Steere Farm road; thence to a point of the 17 |
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| 172 | 172 | | Burrillville and Glocester town line on present Route 102 following the Burrillville and Glocester 18 |
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| 173 | 173 | | town line to Cooper road; thence northerly to the intersection of Tarkiln road and Snake Hill road; 19 |
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| 174 | 174 | | thence north along Snake Hill road to the intersection of Snake Hill road and Barnes road; thence 20 |
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| 175 | 175 | | northeast to the most southeast corner of land now or formerly owned by Gordon and Elsie M. 21 |
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| 176 | 176 | | Robertson (164/012); thence northeasterly to the junction of Victory highway and so-called Hoyle 22 |
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| 177 | 177 | | road; thence northwest along the Nasonville and Glendale boundary line to the center line of Branch 23 |
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| 178 | 178 | | River; thence south westerly along the center line of Branch River to the northerly line of present 24 |
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| 179 | 179 | | Route 102; thence westerly following the northerly line of present Route 102 to the point of 25 |
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| 180 | 180 | | intersection of said northerly line of present Route 102 and the extension of the most westerly 26 |
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| 181 | 181 | | property line of land now or formerly owned by James F. Thibault (129/022); thence northwesterly 27 |
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| 182 | 182 | | along the extension of said property line to the most northwesterly corner of Thibault land; thence 28 |
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| 183 | 183 | | westerly to the most southerly corner of land now or formerly owned by Ross C. and Takeko T. 29 |
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| 184 | 184 | | Burnett (129/013); thence westerly to the most southwesterly corner of land now or formerly owned 30 |
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| 185 | 185 | | by the State of Rhode Island; thence westerly to the most northeasterly corner of land now or 31 |
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| 186 | 186 | | formerly owned by Harry S. Siperstein (144/019); thence westerly along the Siperstein land 32 |
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| 187 | 187 | | approximately one thousand four hundred fifty two feet (1,452') to another corner of the Siperstein 33 |
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| 188 | 188 | | land; thence southwesterly to a point two hundred (200') feet beyond the corner of East avenue and 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 192 | 192 | | Whipple avenue; thence southwesterly to the northwest corner of the Sadowski House (178/001); 1 |
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| 193 | 193 | | thence southwesterly to the point of beginning; and further shall include: 2 |
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| 194 | 194 | | All that part of the Town of Burrillville, including the villages of Mohegan, Nasonville, 3 |
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| 195 | 195 | | Mt. Pleasant and Tarkiln, enclosed by a line beginning at a brook on Joslin road, known as the 4 |
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| 196 | 196 | | Joslin brook; thence northwesterly to the Old Schoolhouse at second four corners, so-called, on the 5 |
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| 197 | 197 | | Douglas pike; thence westerly to a point five hundred feet (500') from the Douglas pike; thence 6 |
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| 198 | 198 | | northwesterly in a straight line crossed West Ironstone road, to the Massachusetts state line at a 7 |
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| 199 | 199 | | point five hundred feet (500') westerly from Douglas Pike; thence easterly following the 8 |
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| 200 | 200 | | Massachusetts state line to the North Smithfield town line; thence along the North Smithfield town 9 |
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| 201 | 201 | | line to a point where the towns of Burrillville, Smithfield and Glocester join; thence westerly 10 |
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| 202 | 202 | | following the Glocester town line to the Tarkiln brook; thence northwesterly to the junction of 11 |
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| 203 | 203 | | Tarkiln and Snake Hill roads, continuing northerly following the former Oakland-Mapleville fire 12 |
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| 204 | 204 | | district line to the junction of Snake Hill and Barnes roads, thence northerly in a straight line to 13 |
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| 205 | 205 | | Hoyle road, so-called, on Victory highway, following the boundaries of the Glendale fire district, 14 |
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| 206 | 206 | | approved March 7, 1942; thence northwesterly to a point of beginning on Joslin road. 15 |
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| 207 | 207 | | SECTION 2. This act shall take effect upon passage and subsequent voter approval 16 |
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| 208 | 208 | | whereupon all acts and parts of any acts inconsistent herewith are hereby repealed. 17 |
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| 209 | 209 | | ======== |
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