| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2025 -- H 6250 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC002636 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | VALIDATING AND RATIFYING AMENDMENTS TO THE CHARTER OF THE |
|---|
| 16 | 16 | | HARRISVILLE FIRE DISTRICT |
|---|
| 17 | 17 | | Introduced By: Representatives Place, and Newberry |
|---|
| 18 | 18 | | Date Introduced: April 23, 2025 |
|---|
| 19 | 19 | | Referred To: House Municipal Government & Housing |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Chapter 637 of the Public Laws of 1910 entitled "An Act to Incorporate the 1 |
|---|
| 24 | 24 | | Harrisville Fire District" as amended, is hereby further amended, in order to reflect the 2 |
|---|
| 25 | 25 | | consolidation of the Harrisville Fire District Water Department with the Pascoag Utility District in 3 |
|---|
| 26 | 26 | | order to create the Clear River Electric and Water District, to read as follows: 4 |
|---|
| 27 | 27 | | The Charter of the Harrisville Fire District 5 |
|---|
| 28 | 28 | | Section (a) Establishment. 6 |
|---|
| 29 | 29 | | A. Incorporation. Within the boundaries described below, there is hereby established a 7 |
|---|
| 30 | 30 | | district incorporated as a quasi-municipal corporation under the name of the Harrisville Fire District 8 |
|---|
| 31 | 31 | | ("District"). 9 |
|---|
| 32 | 32 | | B. Purposes. The district is incorporated for the purposes of providing fire suppression, 10 |
|---|
| 33 | 33 | | emergency medical, rescue and ambulance services, and furnishing and distributing light and power 11 |
|---|
| 34 | 34 | | for the limited purpose of powering and maintaining streetlights, throughout the district and beyond 12 |
|---|
| 35 | 35 | | the same both within and without the district and the town of Burrillville as provided herein, and 13 |
|---|
| 36 | 36 | | for such other purposes as may be deemed necessary, appropriate, or incidental to the foregoing. 14 |
|---|
| 37 | 37 | | C. Powers. The district may have a common seal, sue and be sued, and enjoy the other 15 |
|---|
| 38 | 38 | | powers generally incident to the quasi-municipal corporation, including the following: 16 |
|---|
| 39 | 39 | | To provide fire suppression, emergency medical, rescue and ambulance services within or 17 |
|---|
| 40 | 40 | | without the territorial limits of the district or the town of Burrillville. 18 |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | LC002636 - Page 2 of 12 |
|---|
| 44 | 44 | | [Repealed] 1 |
|---|
| 45 | 45 | | [Repealed] 2 |
|---|
| 46 | 46 | | To obtain, own, establish, operate, maintain, repair, improve, enlarge, and/or extend any 3 |
|---|
| 47 | 47 | | fire apparatus, building, facilities, or property of any kind in order to carry out the purposes of the 4 |
|---|
| 48 | 48 | | district. 5 |
|---|
| 49 | 49 | | To acquire, hold, use, lease, sell, transfer and/or dispose of any property, real, personal or 6 |
|---|
| 50 | 50 | | mixed, or any interest therein for its corporate purposes, and to mortgage, pledge, or lease any such 7 |
|---|
| 51 | 51 | | property. 8 |
|---|
| 52 | 52 | | To make by-laws for the management and regulation of its affairs. 9 |
|---|
| 53 | 53 | | To borrow money for any of its corporate purposes, including the creation and maintenance 10 |
|---|
| 54 | 54 | | of working capital, and to issue negotiable bonds, notes, or other obligations and to fund or refund 11 |
|---|
| 55 | 55 | | the same. 12 |
|---|
| 56 | 56 | | 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 | | To execute all instruments necessary to carry out the purposes of the district. 15 |
|---|
| 59 | 59 | | To enter into cooperative agreements with states, cities, counties, towns, water, or fire 16 |
|---|
| 60 | 60 | | districts within or without the district for the interconnection of facilities and mutual aid or for any 17 |
|---|
| 61 | 61 | | other lawful corporate purposes necessary or desirable to carry out the purposes of the district. 18 |
|---|
| 62 | 62 | | 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 services furnished by the district pursuant to this law, such as to provide 20 |
|---|
| 64 | 64 | | revenues sufficient at all times to pay, as the same shall become due, the principal and interest on 21 |
|---|
| 65 | 65 | | the bonds of the district, together with the maintenance of proper reserves therefor, in addition to 22 |
|---|
| 66 | 66 | | paying, as the same shall become due, all operating expenses of the district together with proper 23 |
|---|
| 67 | 67 | | reserves for depreciation, maintenance, expansion, and contingencies and all other obligations and 24 |
|---|
| 68 | 68 | | indebtedness of the district. 25 |
|---|
| 69 | 69 | | To levy and collect taxes on the taxable inhabitants of the district to carry out the purposes 26 |
|---|
| 70 | 70 | | of the district in the manner provided in this charter. 27 |
|---|
| 71 | 71 | | To exercise the power of eminent domain in the same manner prescribed pursuant to 28 |
|---|
| 72 | 72 | | R.I.G.L. section 24-1-1, et seq., in order to acquire property for the purposes of the district. 29 |
|---|
| 73 | 73 | | To do all things necessary or convenient in order to carry out any and all express or implied 30 |
|---|
| 74 | 74 | | purposes and powers of the district granted under this charter. 31 |
|---|
| 75 | 75 | | D. Boundaries. The district shall have the boundaries as set forth below and as the same 32 |
|---|
| 76 | 76 | | may be amended from time to time: 33 |
|---|
| 77 | 77 | | All that part of the town of Burrillville starting at a southerly point of the Burrillville and 34 |
|---|
| 78 | 78 | | |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | LC002636 - Page 3 of 12 |
|---|
| 81 | 81 | | Glocester town line on Route 102, northwest to the intersection of Lapham Farm Road and Steere 1 |
|---|
| 82 | 82 | | Farm Road; northeast from said point to the northwest corner of 315 Central Street, then northerly 2 |
|---|
| 83 | 83 | | to a point one hundred eighty (180) feet west of the intersection of Whipple Avenue and East 3 |
|---|
| 84 | 84 | | Avenue; commencing north approximately 835 feet then turning in an east southeasterly direction 4 |
|---|
| 85 | 85 | | to the intersection of Spring Lake Road, Joslin Road and Branch River; following the Branch River 5 |
|---|
| 86 | 86 | | in a northeasterly direction to the Nasonville Fire District line; then turning in a northwesterly 6 |
|---|
| 87 | 87 | | direction along the Nasonville Fire District to the southeast corner of Lot 1, Map 8; turn westerly 7 |
|---|
| 88 | 88 | | 263.48 feet along the southern boundary of Lot 1, Map 8; then northerly 332.62 feet; then westerly 8 |
|---|
| 89 | 89 | | 1,119.17 feet along said lot 1, Map 8 and along the southerly boundary of Lot 3 Map 7; then north 9 |
|---|
| 90 | 90 | | 83.80 feet to the Massachusetts state line, said point being the northwest corner of the Nasonville 10 |
|---|
| 91 | 91 | | Fire District boundary, and following said line due west to a point three hundred (300) feet beyond 11 |
|---|
| 92 | 92 | | Round Top Road; due southeast to the corner of Hill Road and Centennial Street; bordering the 12 |
|---|
| 93 | 93 | | Pascoag Fire District line, southerly through the intersection of Union Avenue and Oak Street to a 13 |
|---|
| 94 | 94 | | point nine hundred twenty-three (923) feet west of Memorial Bridge on Main Street, Pascoag; due 14 |
|---|
| 95 | 95 | | southeast from this point to the intersection of Mowry Street and Lapham Farm Road, continue 15 |
|---|
| 96 | 96 | | southeast along the Pascoag Fire District line to the Glocester town line; due east on said line to the 16 |
|---|
| 97 | 97 | | point of beginning, as recorded at the Harrisville Fire District office. 17 |
|---|
| 98 | 98 | | (b) Management and Officers 18 |
|---|
| 99 | 99 | | A. Operating Committee -- Establishment. 19 |
|---|
| 100 | 100 | | Except as otherwise provided herein, all the powers of the district shall be vested in and 20 |
|---|
| 101 | 101 | | exercised by an operating committee elected by the electors of the district and consisting of five (5) 21 |
|---|
| 102 | 102 | | members seven (7) members who shall be residents and electors of the district and chosen as 22 |
|---|
| 103 | 103 | | follows: at the first annual meeting following the passage of this charter, one (1) member will be 23 |
|---|
| 104 | 104 | | elected for a three (3) year term. The remaining members will complete the terms for which they 24 |
|---|
| 105 | 105 | | were elected; two (2) members shall be elected for one (1) year, two (2) members for two (2) years, 25 |
|---|
| 106 | 106 | | and three (3) members for three (3) years; and, thereafter, as the terms of the members expire, there 26 |
|---|
| 107 | 107 | | shall be elected two (2) or three (3) members as the case may be. 27 |
|---|
| 108 | 108 | | Any vacancy that may occur in the operating committee shall be filled by a majority vote 28 |
|---|
| 109 | 109 | | of that committee, and the person so elected shall serve until the next annual or special meeting of 29 |
|---|
| 110 | 110 | | the district, at which time an election shall be held to fill the remainder of the unexpired term of the 30 |
|---|
| 111 | 111 | | departed member. 31 |
|---|
| 112 | 112 | | B. Powers of the Operating Committee. The operating committee shall be responsible 32 |
|---|
| 113 | 113 | | for the overall management of the district. It shall have charge and control of all property of the 33 |
|---|
| 114 | 114 | | district and shall have full authority to exercise all the powers and functions necessary to carry out 34 |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | LC002636 - Page 4 of 12 |
|---|
| 118 | 118 | | the purposes of the district. The operating committee's responsibilities shall include the following: 1 |
|---|
| 119 | 119 | | To make a full and complete report at each annual meeting of the district of the operations 2 |
|---|
| 120 | 120 | | of the district and such other events and transactions as it may deem necessary and appropriate. 3 |
|---|
| 121 | 121 | | To prepare and submit a proposed budget and tax levy for all operations of the district for 4 |
|---|
| 122 | 122 | | approval by the electors of the district at the annual meeting. 5 |
|---|
| 123 | 123 | | [Repealed] 6 |
|---|
| 124 | 124 | | To insert new items or increase any items in the budgets of the district whenever the same 7 |
|---|
| 125 | 125 | | may be deemed necessary or convenient, provided no budget may be exceeded by more than 2.5% 8 |
|---|
| 126 | 126 | | 5% without prior approval of the district at a special meeting. 9 |
|---|
| 127 | 127 | | To have control of all fire apparatus belonging to the district except when under the control 10 |
|---|
| 128 | 128 | | of the fire chief as provided herein. 11 |
|---|
| 129 | 129 | | To appoint a fire chief, collector of taxes, and such other officers and employees as it shall 12 |
|---|
| 130 | 130 | | deem necessary to conduct the business of the district, which said appointees, officers and 13 |
|---|
| 131 | 131 | | employees shall act under the direction and control of the operating committee, and to fix their 14 |
|---|
| 132 | 132 | | salaries. 15 |
|---|
| 133 | 133 | | To employ a certified public accountant to annually audit all accounts of the district. 16 |
|---|
| 134 | 134 | | To act as a board of abatement with power to abate any district taxes, upon recommendation 17 |
|---|
| 135 | 135 | | of the district board of assessors established herein and in accordance with applicable law. 18 |
|---|
| 136 | 136 | | To act as the board of canvassers for the district and prepare the voting list to be used at 19 |
|---|
| 137 | 137 | | any annual or special meetings of the district. 20 |
|---|
| 138 | 138 | | To make appointments to fill any vacancies on the operating committee or district offices 21 |
|---|
| 139 | 139 | | until the next annual or special meetings of the district. 22 |
|---|
| 140 | 140 | | C. Officers. 23 |
|---|
| 141 | 141 | | The officers of the district shall include a moderator, clerk, and three (3) assessors, who 24 |
|---|
| 142 | 142 | | shall comprise the district board of assessors. The duties and powers of said officers shall be such 25 |
|---|
| 143 | 143 | | as other officers of towns in this state. All officers must be residents and electors of the district. 26 |
|---|
| 144 | 144 | | The assessors shall be elected as follows: at the first annual meeting following the passage 27 |
|---|
| 145 | 145 | | of this charter, one (1) assessor shall be elected for one (1) year, one (1) assessor shall be elected 28 |
|---|
| 146 | 146 | | for two (2) years and one (1) assessor shall be elected for three (3) years; and thereafter, as the 29 |
|---|
| 147 | 147 | | terms of the assessors expire, one (1) assessor shall be elected each year for a term of three (3) 30 |
|---|
| 148 | 148 | | years. 31 |
|---|
| 149 | 149 | | Unless otherwise provided in the by-laws of the district, all other officers shall be elected 32 |
|---|
| 150 | 150 | | at the annual meeting of the district to hold office for a term of one (1) year or until a successor is 33 |
|---|
| 151 | 151 | | elected and qualified. Vacancies occurring in any office may be filled for the unexpired term by 34 |
|---|
| 152 | 152 | | |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | LC002636 - Page 5 of 12 |
|---|
| 155 | 155 | | the operating committee. 1 |
|---|
| 156 | 156 | | The chairperson shall oversee the day-to-day operation of the district personnel and shall 2 |
|---|
| 157 | 157 | | make any determinations necessary to maintain satisfactory operation, should a situation that 3 |
|---|
| 158 | 158 | | requires immediate attention to avoid interruptions to the district occur. 4 |
|---|
| 159 | 159 | | (c) Electors and Meetings 5 |
|---|
| 160 | 160 | | A. Electors. The inhabitants of the district qualified and registered to vote for elected 6 |
|---|
| 161 | 161 | | offices in the town of Burrillville shall be the electors of the district and shall be eligible to vote 7 |
|---|
| 162 | 162 | | and act at any annual or special meetings of the district. 8 |
|---|
| 163 | 163 | | B. Annual Meeting. The annual meeting of the district shall be held on the second Tuesday 9 |
|---|
| 164 | 164 | | of August in each year. 10 |
|---|
| 165 | 165 | | C. Notice. All meetings, whether annual or special, shall be held at some suitable place 11 |
|---|
| 166 | 166 | | within the territorial limits of the district. All such meetings shall be publicized by posting notices 12 |
|---|
| 167 | 167 | | thereof in at least five (5) public places in the district, not less than one week prior to the date on 13 |
|---|
| 168 | 168 | | which such meeting is called. Notice shall also be published not less than one week prior to the 14 |
|---|
| 169 | 169 | | meeting in a public newspaper which is published daily weekly or has a digital platform and has a 15 |
|---|
| 170 | 170 | | circulation within the town of Burrillville. It shall be the duty of the clerk or the moderator to call 16 |
|---|
| 171 | 171 | | a special meeting upon written application signed by twelve (12) electors of the district or upon the 17 |
|---|
| 172 | 172 | | order of the operating committee. Whenever the subject of ordering a tax or an amendment to this 18 |
|---|
| 173 | 173 | | charter is to be acted upon, the same shall be so stated in the notice; provided, that notice of an 19 |
|---|
| 174 | 174 | | annual meeting need not mention that a tax levy is to be acted upon. 20 |
|---|
| 175 | 175 | | D. Voting List. The voting list to be used at any annual or special meeting shall be 21 |
|---|
| 176 | 176 | | canvassed by the operating committee not more than forty-five (45) nor less than five (5) days 22 |
|---|
| 177 | 177 | | before the date of any such meeting. In preparing the district voting list, the operating committee, 23 |
|---|
| 178 | 178 | | sitting as the board of canvassers, shall canvas and correct the district voting list in the same 24 |
|---|
| 179 | 179 | | manner, or as near as may be, as provided by law for boards of canvassers of towns in this state; 25 |
|---|
| 180 | 180 | | provided, nevertheless, that it may rely upon the most recent registered voting list of the district as 26 |
|---|
| 181 | 181 | | compiled and maintained by the town of Burrillville. 27 |
|---|
| 182 | 182 | | E. Quorum. Ten electors shall be deemed to constitute a quorum for any meeting the annual 28 |
|---|
| 183 | 183 | | meeting of the district or any special district meeting. 29 |
|---|
| 184 | 184 | | F. Procedure 30 |
|---|
| 185 | 185 | | Upon the demand of at least one-fifth of the electors present at district meeting, any pending 31 |
|---|
| 186 | 186 | | motion, resolution, or matter, other than a motion to adjourn or to amend a pending motion, 32 |
|---|
| 187 | 187 | | resolution, or matter, shall be called for a vote by the moderator. 33 |
|---|
| 188 | 188 | | The clerk shall keep and maintain minutes of any meeting of the district, which shall 34 |
|---|
| 189 | 189 | | |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | LC002636 - Page 6 of 12 |
|---|
| 192 | 192 | | include the results of any votes taken. The minutes shall be read and approved by a vote taken at 1 |
|---|
| 193 | 193 | | the next annual or special meetings of the district. 2 |
|---|
| 194 | 194 | | Except as otherwise provided in the by-laws of the district, a majority of electors present 3 |
|---|
| 195 | 195 | | and voting at any meeting of the district shall be necessary to approve any motion, resolution, or 4 |
|---|
| 196 | 196 | | matter called to vote. 5 |
|---|
| 197 | 197 | | In the event that any elector shall desire to present any motion, resolution, or matter at an 6 |
|---|
| 198 | 198 | | annual meeting of the district that would require the appropriation of money, said elector shall first 7 |
|---|
| 199 | 199 | | present said motion, resolution, or matter to the operating committee at the advertised public 8 |
|---|
| 200 | 200 | | meeting of the operating committee scheduled immediately before the date of the annual meeting 9 |
|---|
| 201 | 201 | | of the district. In the event that said motion, resolution, or matter is rejected by the operating 10 |
|---|
| 202 | 202 | | committee, the elector may then present the same motion, resolution, or matter at the annual 11 |
|---|
| 203 | 203 | | meeting under new business, provided said elector files in writing a copy of said motion, resolution, 12 |
|---|
| 204 | 204 | | or matter with the operating committee at least ninety-six (96) hours prior to the annual meeting. 13 |
|---|
| 205 | 205 | | In the event any motion, resolution, or matter is proposed at an annual meeting without first 14 |
|---|
| 206 | 206 | | complying with the aforesaid prerequisites, said motion, resolution, or matter shall be ruled out of 15 |
|---|
| 207 | 207 | | order. 16 |
|---|
| 208 | 208 | | The district may enact such by-laws as it deems necessary and appropriate for the 17 |
|---|
| 209 | 209 | | regulation and conduct of its meetings as provided herein. 18 |
|---|
| 210 | 210 | | (d) Taxation 19 |
|---|
| 211 | 211 | | A. Authorization. 20 |
|---|
| 212 | 212 | | At any meeting of the district, the electors of the district shall have the power to order such 21 |
|---|
| 213 | 213 | | taxes and provide for assessing and collecting the same on the ratable real estate and tangible 22 |
|---|
| 214 | 214 | | personal property in the district, including an excise tax on motor vehicles in accordance with 23 |
|---|
| 215 | 215 | | R.I.G.L. section 44-34-1, et seq., and as the same may be amended from time to time, as they shall 24 |
|---|
| 216 | 216 | | deem necessary to carry out the purposes of the district as provided herein. At any such meeting, 25 |
|---|
| 217 | 217 | | the electors shall also be empowered to authorize the board of assessors to impose a minimum tax 26 |
|---|
| 218 | 218 | | of not less than $25.00 to be applied to any ratable real estate and tangible personal property, the 27 |
|---|
| 219 | 219 | | assessment for which would be less than the minimum tax at the uniform assessed rate. 28 |
|---|
| 220 | 220 | | Such taxes so ordered shall be assessed by the board of assessors of the district on the 29 |
|---|
| 221 | 221 | | taxable inhabitants thereof and the property therein according to the last valuation made by the 30 |
|---|
| 222 | 222 | | assessors of the town of Burrillville, adding however, any tax from property which may have been 31 |
|---|
| 223 | 223 | | omitted by said town assessors or afterwards acquired, and in all cases where the town assessors 32 |
|---|
| 224 | 224 | | have included property within and without the district in one valuation, the assessors of the district 33 |
|---|
| 225 | 225 | | shall make an equitable valuation of that portion of said property lying within the district. 34 |
|---|
| 226 | 226 | | |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | LC002636 - Page 7 of 12 |
|---|
| 229 | 229 | | The operating committee, or those appointed by the operating committee are also 1 |
|---|
| 230 | 230 | | empowered to enter into binding agreements with adjacent fire districts relative to the reasonable 2 |
|---|
| 231 | 231 | | and equitable apportionment of taxes assessed on properties located along their shared boundaries. 3 |
|---|
| 232 | 232 | | In assessing and collecting said taxes, the officers of the district shall conduct such 4 |
|---|
| 233 | 233 | | proceedings and follow such procedures as the law requires be followed by the corresponding 5 |
|---|
| 234 | 234 | | officers of towns in assessing and collecting town taxes, to the extent practicable. 6 |
|---|
| 235 | 235 | | The district may provide for such deduction from any tax assessed if paid by an appointed 7 |
|---|
| 236 | 236 | | time, or for such penalty by way of percentage of the tax if not paid at the appointed time, not 8 |
|---|
| 237 | 237 | | exceeding eighteen percent (18%) per annum, as it may deem necessary to insure punctual 9 |
|---|
| 238 | 238 | | payment. The district may also include liens and/or legal fees required to collect said payments. 10 |
|---|
| 239 | 239 | | B. Assessment. 11 |
|---|
| 240 | 240 | | The district operating committee shall annually levy and assess a tax at such a rate so as to 12 |
|---|
| 241 | 241 | | provide revenue sufficient to pay all operating expenses together with any other items set forth in 13 |
|---|
| 242 | 242 | | the budget for the current year, on all property within the limits of the district, or belonging to the 14 |
|---|
| 243 | 243 | | residents thereof, which is liable to taxation under this charter, said levy and assessment to be made 15 |
|---|
| 244 | 244 | | by the operating committee on or before August 15th 22nd in each year. The operating committee, 16 |
|---|
| 245 | 245 | | upon completing the assessment for the year, shall date and sign the same. 17 |
|---|
| 246 | 246 | | The tax assessed shall be due and payable on or before October 1st in each year and all 18 |
|---|
| 247 | 247 | | taxes remaining unpaid on October 31st in each year shall thereafter bear interest at a rate 19 |
|---|
| 248 | 248 | | established by the operating committee. 20 |
|---|
| 249 | 249 | | The tax rate shall be based on the assessment of real and personal property of the taxable 21 |
|---|
| 250 | 250 | | inhabitants of the district as compiled and maintained by the town of Burrillville and described in 22 |
|---|
| 251 | 251 | | the tax rolls, except as otherwise provided herein. Exemptions as described in the town tax rolls 23 |
|---|
| 252 | 252 | | shall be honored, but the amount in each category is to be determined by the operating committee. 24 |
|---|
| 253 | 253 | | C. Collection. 25 |
|---|
| 254 | 254 | | The collector of taxes shall give his or her bond with corporate surety in an amount and 26 |
|---|
| 255 | 255 | | form satisfactory to the operating committee, the premiums for which shall be paid by the district. 27 |
|---|
| 256 | 256 | | Upon the commitment to him or her of the assessment, the collector shall collect all taxes 28 |
|---|
| 257 | 257 | | levied and assessed, said taxes to be payable on or before such time as provided herein or as the 29 |
|---|
| 258 | 258 | | district may determine. The collector of taxes shall proceed on behalf of the district in accordance 30 |
|---|
| 259 | 259 | | with applicable law to collect all taxes assessed and unpaid as of October 1st of each year. The 31 |
|---|
| 260 | 260 | | collector of taxes shall close his or her books on the last day of September in each year. 32 |
|---|
| 261 | 261 | | The collector shall thereafter prepare and submit at the annual meeting, or at a special 33 |
|---|
| 262 | 262 | | meeting if called upon to do so by a vote of the district, an annual report, audited by a certified 34 |
|---|
| 263 | 263 | | |
|---|
| 264 | 264 | | |
|---|
| 265 | 265 | | LC002636 - Page 8 of 12 |
|---|
| 266 | 266 | | public accountant and confirmed and approved by the operating committee, describing the 1 |
|---|
| 267 | 267 | | condition of the district finances and the receipts and expenditures for the fiscal year preceding the 2 |
|---|
| 268 | 268 | | meeting. 3 |
|---|
| 269 | 269 | | The collector of taxes for the district shall have the same powers and authority as are 4 |
|---|
| 270 | 270 | | conferred by law on collectors of taxes in the towns of this state. 5 |
|---|
| 271 | 271 | | D. Imposition of fees in lieu of taxes. 6 |
|---|
| 272 | 272 | | The operating committee shall have the power to determine an amount of taxes or fees to 7 |
|---|
| 273 | 273 | | be imposed in lieu of taxes to be paid each year on account of the real or personal property used in 8 |
|---|
| 274 | 274 | | connection with any facility for the generation of electricity located in the district, notwithstanding 9 |
|---|
| 275 | 275 | | the valuation of such property or the rate of tax. Such determination shall be for a period not to 10 |
|---|
| 276 | 276 | | exceed twenty-five (25) years. Any fees payable hereunder shall constitute a lien on the property 11 |
|---|
| 277 | 277 | | and shall bear interest and be otherwise collectible as may be provided in any contract or agreement. 12 |
|---|
| 278 | 278 | | The operating committee shall be vested with the power and authority to enter into any 13 |
|---|
| 279 | 279 | | contract or agreement regarding the amount of taxes or fees to be imposed in lieu of taxes upon any 14 |
|---|
| 280 | 280 | | facility for the generation of electricity located in the district. Such contract or agreement may 15 |
|---|
| 281 | 281 | | contain such terms and conditions as the operating committee, in its sole discretion, shall deem 16 |
|---|
| 282 | 282 | | necessary and appropriate, including, but not limited to, a provision indemnifying the owner or 17 |
|---|
| 283 | 283 | | lessors of such real or personal property used in connection with any facility for the generation of 18 |
|---|
| 284 | 284 | | electricity from third parties claiming payments for any reason, including the provision of fire 19 |
|---|
| 285 | 285 | | suppression and emergency medical and ambulance services or such other services as the district 20 |
|---|
| 286 | 286 | | may provide. 21 |
|---|
| 287 | 287 | | All prior agreements between the district and the owner or lessors of such real or personal 22 |
|---|
| 288 | 288 | | property used in connection with any facility for the generation of electricity or actions taken in 23 |
|---|
| 289 | 289 | | connection therewith are hereby ratified in all respects. 24 |
|---|
| 290 | 290 | | (e) Fire Department. 25 |
|---|
| 291 | 291 | | A. Fire department -- Establishments. The district shall have the power to establish, in such 26 |
|---|
| 292 | 292 | | form of entity as it may deem appropriate, a fire department for the purposes of providing fire 27 |
|---|
| 293 | 293 | | suppression, emergency medical, rescue and ambulance services as provided in this charter. The 28 |
|---|
| 294 | 294 | | operating committee may appoint and employ as many persons, including officers, and make any 29 |
|---|
| 295 | 295 | | and all provisions or by-laws for the purpose of organizing, establishing, and operating the fire 30 |
|---|
| 296 | 296 | | department as it may deem necessary and appropriate. 31 |
|---|
| 297 | 297 | | B. Fire Chief. 32 |
|---|
| 298 | 298 | | The chief of the fire department shall be appointed for a term of three (3) years by and 33 |
|---|
| 299 | 299 | | under the direction and control of the operating committee. The chief shall be responsible for 34 |
|---|
| 300 | 300 | | |
|---|
| 301 | 301 | | |
|---|
| 302 | 302 | | LC002636 - Page 9 of 12 |
|---|
| 303 | 303 | | supervising the day to day affairs and operation of the fire department. 1 |
|---|
| 304 | 304 | | The fire chief shall be in sole command of fire department personnel, apparatus, and 2 |
|---|
| 305 | 305 | | equipment from the time they leave the fire station and until they return, and only the chief shall 3 |
|---|
| 306 | 306 | | direct orders to the officers and personnel of the fire department when so deployed. If, due to illness, 4 |
|---|
| 307 | 307 | | absence or for any other cause, the chief is unable to act, the senior officer of the department shall 5 |
|---|
| 308 | 308 | | assume all the duties of the chief. 6 |
|---|
| 309 | 309 | | The operating committee shall consult with the chief with respect to the purchase of fire 7 |
|---|
| 310 | 310 | | apparatus or major equipment purchases. 8 |
|---|
| 311 | 311 | | [Repealed] 9 |
|---|
| 312 | 312 | | C. Emergency Powers. At any fire or emergency, the chief, or in his or her absence, the 10 |
|---|
| 313 | 313 | | senior officer, shall have the power to take any and all action deemed necessary and appropriate to 11 |
|---|
| 314 | 314 | | stop the progress of any fire, to suppress all disturbances and maintain order, to order any or all 12 |
|---|
| 315 | 315 | | persons to leave the vicinity of any fire, and to command from the inhabitants of the district all 13 |
|---|
| 316 | 316 | | necessary assistance in suppressing the fire and preserving and protecting life and property, and 14 |
|---|
| 317 | 317 | | any person violating such an order may be prosecuted and subject to the same penalties as provided 15 |
|---|
| 318 | 318 | | in section (g) B. below. 16 |
|---|
| 319 | 319 | | (f) [Repealed] 17 |
|---|
| 320 | 320 | | (g) By-laws 18 |
|---|
| 321 | 321 | | A. General. The district may enact any and all by-laws deemed necessary and appropriate 19 |
|---|
| 322 | 322 | | to carry out its purposes as provided in this charter; provided, that no greater penalty may be 20 |
|---|
| 323 | 323 | | imposed than is prescribed in section (g) B. below, and that the same not be in violation of or 21 |
|---|
| 324 | 324 | | repugnant to this charter or any laws of this state. 22 |
|---|
| 325 | 325 | | B. Emergencies. The district shall have the power to enact by-laws prescribing the duties 23 |
|---|
| 326 | 326 | | of the inhabitants of the district during a fire or other emergency and for the purpose of enforcing 24 |
|---|
| 327 | 327 | | the commands of fire department officers with respect to suppressing disorder, guarding or 25 |
|---|
| 328 | 328 | | removing property, or rendering other services in time of fire, and also for the protection of 26 |
|---|
| 329 | 329 | | apparatus or property of the district, and for any breach of such by-laws may provide a penalty not 27 |
|---|
| 330 | 330 | | exceeding a fine of one thousand dollars ($1,000) to be recovered for the use of the district, or 28 |
|---|
| 331 | 331 | | imprisonment for a term not exceeding thirty (30) days, which said penalties may be enforced by 29 |
|---|
| 332 | 332 | | prosecution on complaint of any officer of said fire department before any court of competent 30 |
|---|
| 333 | 333 | | jurisdiction. Any such prosecution must first be authorized and approved by the operating 31 |
|---|
| 334 | 334 | | committee. 32 |
|---|
| 335 | 335 | | (h) Bonds and other obligations. 33 |
|---|
| 336 | 336 | | A. Power to issue bonds and other instruments of indebtedness. The district shall have the 34 |
|---|
| 337 | 337 | | |
|---|
| 338 | 338 | | |
|---|
| 339 | 339 | | LC002636 - Page 10 of 12 |
|---|
| 340 | 340 | | power and authority to issue bonds and any other instruments of indebtedness and to secure the 1 |
|---|
| 341 | 341 | | payment of the same in any manner and subject to such terms and conditions as may be deemed 2 |
|---|
| 342 | 342 | | necessary and appropriate and set forth in the resolution authorizing said bonds or other instruments 3 |
|---|
| 343 | 343 | | of indebtedness. The operating committee shall authorize the issuance of any bonds or other 4 |
|---|
| 344 | 344 | | instruments of indebtedness in a resolution, which shall thereafter be approved by the electors of 5 |
|---|
| 345 | 345 | | the district at any annual or special meeting. Any bonds or other instruments of indebtedness shall 6 |
|---|
| 346 | 346 | | be signed by the clerk, or any member of the operating committee designated in the resolution 7 |
|---|
| 347 | 347 | | authorizing the same and shall bear the seal of the district or a facsimile thereof. 8 |
|---|
| 348 | 348 | | B. Limitation on alteration of powers of the district. The state does hereby pledge to and 9 |
|---|
| 349 | 349 | | agree with the holders of the bonds and other instruments of indebtedness of the district that the 10 |
|---|
| 350 | 350 | | state shall not limit or alter rights hereby vested in the district until the bonds or other instruments 11 |
|---|
| 351 | 351 | | of indebtedness, together with interest thereon, and all costs and expenses in connection with any 12 |
|---|
| 352 | 352 | | actions or proceedings by or on behalf of the holders thereof, are fully met and discharged or 13 |
|---|
| 353 | 353 | | otherwise provided for. 14 |
|---|
| 354 | 354 | | (i) Eminent Domain. 15 |
|---|
| 355 | 355 | | A. Authorization to take private property. In order to carry out the purposes of this charter, 16 |
|---|
| 356 | 356 | | the district shall have and enjoy all the authority and power conferred by the provisions and 17 |
|---|
| 357 | 357 | | procedures for condemnation set forth in R.I.G.L. Section 24-1-1, et seq., entitled "Laying Out and 18 |
|---|
| 358 | 358 | | Taking by Cities and Towns," as the same may be amended from time to time. When utilizing the 19 |
|---|
| 359 | 359 | | condemnation procedures pursuant to the foregoing provisions, the district shall have all the 20 |
|---|
| 360 | 360 | | authority and power of and be subject to all the duties and liabilities imposed upon electors of 21 |
|---|
| 361 | 361 | | towns, towns, or town councils by said provisions. 22 |
|---|
| 362 | 362 | | B. [Repealed] 23 |
|---|
| 363 | 363 | | (j) Miscellaneous. 24 |
|---|
| 364 | 364 | | A. Tax exemption. It is hereby declared that the district and the carrying out of its corporate 25 |
|---|
| 365 | 365 | | purposes are in all respects for the benefit of the people of the state, and for the improvement of 26 |
|---|
| 366 | 366 | | their health, safety, welfare, and prosperity, and that the district will be performing essential 27 |
|---|
| 367 | 367 | | governmental functions in the exercise of the powers conferred by this charter. Accordingly, the 28 |
|---|
| 368 | 368 | | district shall be required to pay no taxes or assessments or sums in lieu of taxes to the state or any 29 |
|---|
| 369 | 369 | | political subdivision thereof upon any of the property acquired by it or under its jurisdiction, 30 |
|---|
| 370 | 370 | | control, possession, or supervision or upon its activities or operations or upon any earnings, 31 |
|---|
| 371 | 371 | | revenues, moneys, or other income derived by the district, and that the bonds issued by the district 32 |
|---|
| 372 | 372 | | and any income therefrom shall at all times be exempt from taxation. 33 |
|---|
| 373 | 373 | | B. Costs of collection. In addition to any other sums to which it may be entitled in 34 |
|---|
| 374 | 374 | | |
|---|
| 375 | 375 | | |
|---|
| 376 | 376 | | LC002636 - Page 11 of 12 |
|---|
| 377 | 377 | | accordance with this charter and applicable law, in any action or proceeding to collect taxes 1 |
|---|
| 378 | 378 | | assessed or fees imposed in accordance with this charter, the district shall be entitled to also collect 2 |
|---|
| 379 | 379 | | the reasonable costs of collection, including attorneys fees. 3 |
|---|
| 380 | 380 | | C. Public customers -- Non-discrimination. The district shall charge any city, county, town, 4 |
|---|
| 381 | 381 | | or water or fire district for the use of any facility of or services rendered by or any commodities, or 5 |
|---|
| 382 | 382 | | other utilities furnished to it by the district at rates applicable to other consumers of such utilities 6 |
|---|
| 383 | 383 | | or services. 7 |
|---|
| 384 | 384 | | D. Not public utility. Notwithstanding the definition set forth in R.I.G.L. Section 39-1-8 |
|---|
| 385 | 385 | | 2(20), and as the same may be amended from time to time, the district shall not be considered a 9 |
|---|
| 386 | 386 | | "public utility" otherwise subject to regulation in accordance with applicable law, as long as the 10 |
|---|
| 387 | 387 | | price charged to outside customers per unit of light or power limited to streetlights is not greater 11 |
|---|
| 388 | 388 | | than the price charged to district customers for the same unit of light or power limited to streetlights. 12 |
|---|
| 389 | 389 | | E. Open meetings law. The district shall comply with the state Open Meetings Law, 13 |
|---|
| 390 | 390 | | R.I.G.L. Section 42-46-1, et seq., and as the same may be amended from time to time. 14 |
|---|
| 391 | 391 | | F. Access to public records. The district shall comply with the state Access to Public 15 |
|---|
| 392 | 392 | | Records Act, R.I.G.L. Section 38-2-1, et seq., and as the same may be amended from time to time. 16 |
|---|
| 393 | 393 | | G. Award of contracts. The district shall comply with the state Award of Municipal 17 |
|---|
| 394 | 394 | | Contracts Act, R.I.G.L. Section 45-55-1, et seq., and as the same may be amended from time to 18 |
|---|
| 395 | 395 | | time. 19 |
|---|
| 396 | 396 | | H. Continuation of district. Any act, resolution, contract, employment, and/or any other 20 |
|---|
| 397 | 397 | | obligation, matter, or thing undertaken by the district in accordance with its charter as originally 21 |
|---|
| 398 | 398 | | granted, and as the same has been amended from time to time, shall be deemed to be continued and 22 |
|---|
| 399 | 399 | | in full force and effect under the terms of the charter as amended and granted herein. 23 |
|---|
| 400 | 400 | | I. Amendment. This charter may be amended by a majority of electors present and voting 24 |
|---|
| 401 | 401 | | at any annual or special meeting of the district, provided noticed thereof states that amendment to 25 |
|---|
| 402 | 402 | | the charter shall be considered at such meeting. An amendment to the charter shall be effective only 26 |
|---|
| 403 | 403 | | upon passage of an act by the general assembly amending the charter in conformity with such prior 27 |
|---|
| 404 | 404 | | vote of the district. 28 |
|---|
| 405 | 405 | | SECTION 2. This act shall take effect upon passage. 29 |
|---|
| 406 | 406 | | ======== |
|---|
| 407 | 407 | | LC002636 |
|---|
| 408 | 408 | | ======== |
|---|
| 409 | 409 | | |
|---|
| 410 | 410 | | |
|---|
| 411 | 411 | | LC002636 - Page 12 of 12 |
|---|
| 412 | 412 | | EXPLANATION |
|---|
| 413 | 413 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 414 | 414 | | OF |
|---|
| 415 | 415 | | A N A C T |
|---|
| 416 | 416 | | VALIDATING AND RATIFYING AMENDMENTS TO T HE CHARTER OF THE |
|---|
| 417 | 417 | | HARRISVILLE FIRE DISTRICT |
|---|
| 418 | 418 | | *** |
|---|
| 419 | 419 | | This act would validate and ratify amendments to the charter of the Harrisville Fire District 1 |
|---|
| 420 | 420 | | in the town of Burrillville, which amendments were adopted and approved by the electors of the 2 |
|---|
| 421 | 421 | | said fire district on November 19, 2024. 3 |
|---|
| 422 | 422 | | This act would take effect upon passage. 4 |
|---|
| 423 | 423 | | ======== |
|---|
| 424 | 424 | | LC002636 |
|---|
| 425 | 425 | | ======== |
|---|