2021 -- H 6331
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LC002554
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2021
____________
AN ACT
CREATING THE HOPE VALLEY/WYOMING FIRE DISTRICT
Introduced By: Representatives Kennedy, Azzinaro, Price, and Fogarty
Date Introduced: May 12, 2021
Referred To: House Municipal Government & Housing
It is enacted by the General Assembly as follows:
1 SECTION 1. The Hope Valley/Wyoming Fire District is hereby incorporated, restated and
2 amended in the manner and form as follows and its provisions are restating any and all of the
3 provisions of chapter 171 of the 1982 Public Laws, as amended, entitled "An Act Creating the Hope
4 Valley/Wyoming Fire District", provided, however, that the description of the district boundaries
5 contained in APPENDIX A of chapter 171 of the 1982 Public Laws, as amended, shall remain as
6 currently constituted and are not amended by this act:
7 I TITLE AND OBJECT
8 A. Title. All that part of the Towns of Hopkinton and Richmond, Rhode Island, described
9 in Appendix A of chapter 171 of the 1982 Public Laws, as amended, is herein incorporated into a
10 fire district known as the Hope Valley/Wyoming Fire District.
11 B. Object. Its object shall be the prevention and extinguishment of fires, the protection and
12 preservation of life and property endangered by fire or any related emergencies that may occur
13 within the boundaries of the Hope Valley/Wyoming Fire District.
14 II ELIGIBLE VOTERS
15 A. Every person, having reached the age of eighteen (18) years who resides in said Hope
16 Valley/Wyoming Fire District and is an eligible voter in the towns of Hopkinton or Richmond or
17 is a taxpayer to the Hope Valley/Wyoming Fire District, shall have the right to vote at any meeting
18 of the Hope Valley/Wyoming Fire District or any adjournment thereof.
19 B. Any person who is granted an exemption, the amount of which exceeds the total
 1 assessment of said person’s property, within Hope Valley/Wyoming Fire District, shall be
2 considered an eligible voter.
3 C. No corporation or stockholder or officer thereof, nor any executor, administrator, or
4 trustee, nor any other person acting in a fiduciary capacity shall be eligible to vote.
5 III MEETINGS
6 A. The annual meeting of the Hope Valley/Wyoming Fire District shall be held on the third
7 Wednesday in June of each year at 7:00 p.m. at a location to be specified in the call of the meeting.
8 The Board of Directors shall determine the location of said meeting. All meetings of the Hope
9 Valley/Wyoming Fire District shall always be held within the boundaries of the Hope
10 Valley/Wyoming Fire District.
11 B. Special meetings of the Hope Valley/Wyoming Fire District may be called by the Board
12 of Directors or upon written request, signed by at least twenty (20) eligible voters, setting forth the
13 purpose of said call, delivered to the clerk. Said meeting shall be called within fourteen (14) days
14 from the date of delivery of said request to the clerk.
15 C. Adjourned meeting. Any business conducted or transacted at any annual or special
16 meeting may be referred to an adjourned meeting, upon request of the majority of eligible voters
17 present at any such meeting, for the purpose of voting on such matters, either by paper ballot or
18 machine. Voting hours and date shall be determined by the Board of Directors at a location within
19 the boundaries of the Hope Valley/Wyoming Fire District that is easily accessible and convenient
20 to the eligible voters of the Hope Valley/Wyoming Fire District.
21 D. A public hearing shall be held on the last Thursday of May each year for the purpose of
22 presenting the proposed annual budget for the forthcoming year at a location and time determined
23 by the Board of Directors. The public hearing shall always be held within the boundaries of the
24 Hope Valley/Wyoming Fire District at a location that is easily accessible and convenient to the
25 eligible voters of the Hope Valley/Wyoming Fire District. The clerk shall give notice of the public
26 hearing in the manner provided for in Article VIII, Section B of this charter.
27 IV QUORUM
28 A. A quorum at any meeting of the Hope Valley/Wyoming Fire District shall be twenty
29 (20) eligible voters except at the monthly Board of Directors meeting where the quorum shall be
30 three (3) Board members. In the event, that for any reason, a quorum is not present at the time a
31 meeting is scheduled to open, the Board of Directors is herewith authorized to delay the opening
32 time of said meeting for such period of time, as in the discretion of the Board of Directors, shall
33 best serve the interests of the Hope Valley/Wyoming Fire District.
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 1 V POWER OF THE ELIGIBLE VOTERS
2 A. All candidates for elected office must submit their name and the office, which they are
3 seeking in writing, to the clerk by 4:30 p.m., thirty (30) days prior to the annual meeting.
4 Nominations from the floor at the annual meeting shall be prohibited. All candidates for elected
5 office must meet the qualifications set forth in this chapter.
6 B. They shall order such taxes and provide for the assessment and collection of same, on
7 all real and such personal property within the boundaries of the Hope Valley/Wyoming Fire District
8 as they deem necessary for the:
9 1. Proper creation, maintenance, and support of the fire department in said Hope
10 Valley/Wyoming Fire District, including, but not limited to, the purchasing of real estate to house
11 all necessary equipment and firefighting apparatus or for the betterment of the District.
12 2. Purchase of all necessary fire apparatus and firefighting equipment and generally for all
13 things necessary and proper for maintenance, with the Hope Valley/Wyoming Fire District, of a
14 suitable and proper fire department and supplying it with proper equipment to carry into effect and
15 attain the objectives of which this act is declaratory.
16 3. Improvement in any manner they may deem necessary of the property belonging to the
17 Hope Valley/Wyoming Fire District.
18 4. Creation of a reserve fund for the future maintenance and replacement of property and
19 apparatus.
20 5. Payment of any charges and expenses arising within the Hope Valley/Wyoming Fire
21 District, incidental or not to the above.
22 6. Provision of salaries and employee’s benefits to those persons presently or previously
23 employed by the Hope Valley/Wyoming Fire District.
24 7. Purchasing, taking, holding, and improving real estate and personal property, and for the
25 repayment of any debts incurred by such purchasing, taking, holding, of same.
26 C. They shall establish such penalties as they deem necessary on all taxes not paid, as
27 provided in the assessment aforesaid.
28 D. They shall exempt from taxation such property within the boundaries of the Hope
29 Valley/Wyoming Fire District as shall be approved by the vote of seventy-five percent (75%) of
30 the eligible voters present at any meeting of the Hope Valley/Wyoming Fire District. Provided,
31 however, that no exemption shall be granted unless the request for said exemption shall be
32 specifically set forth in the call of the meeting at which it is to be considered. Such exemption,
33 when granted, shall continue indefinitely, unless a specific term shall be specified.
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 1 VI PROPERTY EXEMPT FROM TAXATION
2 A. No property shall be exempt from taxation unless said exemption shall be approved in
3 the manner, Section V. D., Section VIII.A.8.i., Section VIII.A.8.ii., except that property which is
4 exempt by state or federal statute.
5 VII OATH OF OFFICE
6 A. Upon election or appointment of any officer of the Hope Valley/Wyoming Fire District,
7 the person elected or appointed, shall take the following oath of office, to be administered by the
8 clerk. “I, ______________________, having been duly elected/appointed to the office of
9 _____________of the Hope Valley/Wyoming Fire District, do hereby swear that I will carry out
10 all obligations and responsibilities of said office in accordance with the charter of the Hope
11 Valley/Wyoming Fire District and all rules and regulations therein, to the best of my ability.”
12 VIII OFFICERS OF THE HOPE VALLEY-WYOMING FIRE DISTRICT
13 A. Board of Directors.
14 1. The Board of Directors shall consist of five (5) members elected in the manner provided
15 in Section IX A. of this charter.
16 2. The Board of Directors shall elect one of its members as chairperson and one of its
17 members as vice chairperson. The chairperson, and in the absence of the chairperson, the vice
18 chairperson, shall preside at all meetings of the Hope Valley/Wyoming Fire District and shall
19 conduct all meetings in accordance with “Roberts Rules of Order” (latest revision).
20 3. The Board of Directors shall appoint all committees.
21 4. The chairperson of the Board of Directors shall administer the oath of office to the clerk.
22 5. Whenever any vacancy shall occur on the Board of Directors either through death,
23 resignation, disability, or removal for cause, the Board of Directors shall appoint a replacement to
24 serve in such capacity until the next annual or special meeting, subject to the qualification of the
25 district officers enumerated in subsection XI of this charter.
26 6. The Board of Directors shall appoint a replacement as acting treasurer, who in the
27 absence or disability of the treasurer shall have the authority to sign checks and assume other duties
28 of the treasurer. Said person shall provide bond in the amount to be determined by the Board of
29 Directors.
30 7. The Board of Directors, acting on behalf of the Hope Valley/Wyoming Fire District,
31 shall have the right to sue and be sued in the courts of this state having jurisdiction to hear, try or
32 determine such causes. The Hope Valley/Wyoming Fire District shall indemnify any Board
33 member, officer, or member for damages, judgment, settlements, costs and expenses incurred in
34 connection with any action, suit or appeal therefrom, arising out of an alleged or actual breach of
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 1 duty, neglect, error, misstatement, or omission, or any other matter claimed against said person
2 solely by reason of their being an officer of the Hope Valley/Wyoming Fire District.
3 8. The Board of Directors may exempt from taxation such property within the boundaries
4 of the Hope Valley/Wyoming Fire District as follows:
5 i. The Board of Directors may reduce, or exempt taxes based upon hardship on a case-by-
6 case basis. The Board of Directors based upon evidence/testimony of the requester shall determine
7 hardship cases.
8 ii. The Board of Directors may reduce, or exempt fire taxes of the primary residence of
9 active volunteer firefighters of the fire district who reside within the district’s boundaries.
10 9. The Board of Directors shall provide for the auditing of the financial record of the Hope
11 Valley/Wyoming Fire District.
12 10. The Board of Directors shall approve all mutual aid contracts with other fire districts
13 or fire departments.
14 11. The Board of Directors shall approve all bills and prepare an annual budget for
15 presentation to the voters at the annual meeting.
16 12. The Board of Directors shall have the authority to retain legal counsel at an annual cost
17 to be determined by the eligible voters of the Hope Valley/Wyoming Fire District. Said legal
18 counsel shall be available in an advisory capacity for all committees of the Hope Valley/Wyoming
19 Fire District and shall render legal opinions, whenever requested to do so, on any questions or
20 inconsistencies pertaining to the charter.
21 13. The Board of Directors shall be authorized to expend monies from the reserve and/or
22 capital accounts for emergency repairs, replacement of equipment, facilities and/or reduction of
23 taxes or debts.
24 B. Clerk. The appointed clerk shall give notice of every annual meeting, special meeting,
25 or adjourned meeting of the Hope Valley/Wyoming Fire District by placing a printed notice of the
26 call of any such meeting in five (5) public places, at least seven (7) days prior to such meeting.
27 Further, the clerk, shall advertise the call of such meeting, once in a local newspaper, within seven
28 (7) days of such meeting. The clerk shall take the minutes of all meetings and shall be held
29 responsible for the maintenance of same. The clerk shall administer the oath of office to all duly
30 elected or appointed officers of the Hope Valley/Wyoming Fire District, except the office of clerk
31 as hereinbefore provided.
32 C. Treasurer. The treasurer, appointed in a manner provided in section IX of this charter,
33 before proceeding to discharge these duties, shall give bond to the Hope Valley/Wyoming Fire
34 District in such sum and with such surety as the eligible voters may determine, which will provide
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 1 for the faithful discharge of the duties of the office. Said bond shall be deposited with the clerk.
2 1. The treasurer shall pay out and expend only those funds that are authorized to be
3 expended by vote of the eligible voters of the Hope Valley/Wyoming Fire District at any annual
4 meeting, special meeting, or adjourned meeting. The Treasurer shall have the authority to hire such
5 sums, subject to the limitations as hereinafter set forth, to carry on the affairs of the Hope
6 Valley/Wyoming Fire District and shall have the authority to invest any surplus funds, subject to
7 the advice and consent of the Board of Directors, in any interest-bearing accounts by law.
8 D. Tax Collector. The tax collector, appointed in a manner provided in section IX of this
9 chapter, before proceeding to discharge these duties, shall give bond to the Hope Valley/Wyoming
10 Fire District in such sum and with surety as the eligible voters of the Hope Valley/Wyoming Fire
11 District shall determine, which will provide for the faithful performance of the duties of the office.
12 Said bond is to be deposited with the clerk.
13 1. The tax collector shall pay over to the treasurer on the first business day of each month
14 the total taxes collected during the previous month, or at frequent intervals, at the option of the tax
15 collector.
16 2. The tax collector may determine and assess all real and tangible property, other than
17 motor vehicles, located within the boundaries of the Hope Valley/Wyoming Fire District, on
18 December 31st of each year in the same amount assessed by the towns of Richmond and Hopkinton.
19 The tax collector shall have the power to assess any property exempt, omitted, understated, or
20 overstated by the towns of Hopkinton and Richmond. The date of collection shall be the September
21 30 following said assessment. Provided, however, in the event of the grand list of the towns of
22 Hopkinton and Richmond is not certified by June 15th of any year, the tax collector, on approval
23 of the Board of Directors shall have the authority to change the date of said collection not more
24 than thirty (30) days from the date of said certification of the grand list by the towns of Hopkinton
25 and Richmond.
26 3. The tax collector shall, after receipt of the list of assessment from the towns of Hopkinton
27 and Richmond and assessing any property omitted, exempted, understated or overstated, produce a
28 tax bill based on the tax rate approved by the eligible voters of the Hope Valley/Wyoming Fire
29 District and further shall maintain records on all tax collections and delinquent charges and provide
30 annual written reports thereof.
31 4. The tax collector shall be empowered, subject to approval by a majority of the Board of
32 Directors, to appoint an agent for collection of taxes. Said agent at the time of appointment shall
33 give bond to the Hope Valley/Wyoming Fire District in such sum and with surety as the eligible
34 voters of the Hope Valley/Wyoming Fire District shall determine, which will provide for the
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 1 faithful performance of the duties of said agent.
2 E. Board of Assessment Review
3 1. Membership; appointment; term; filling of vacancies. There shall be a board of
4 assessment review consisting of three (3) members appointed by the Board of Directors for a term
5 of three (3) years. The members first appointed shall serve for a term of one, two (2) and three (3)
6 years, respectively. Each appointed member shall hold office on said board until a successor is
7 appointed and qualified. Vacancies on said board which may occur in the appointed membership
8 of said board, for any reason whatsoever, shall be filled by the Board of Directors for the unexpired
9 term.
10 2. Powers and duties as to appeals. The board of assessment review shall hear and consider
11 appeals from property owners regarding the amount of property assessment as determined