CHARTER Section 1

All that part of the town of Westerly beginning at a stone post marked “B” set in the beach bank on the shore of the Atlantic ocean at the south-easterly corner of a plat of land owned by the Misquamicut Land Company; thence extending easterly by and with said Atlantic ocean to the westerly boundary line of the Misquamicut fire district at its southwesterly junction with said Atlantic ocean; thence northerly by and with said westerly boundary of said Misquamicut fire district to the southerly side of the Shore road, so-called; thence continuing across Ocean-view highway in a straight line to the westerly side of said Shore road; thence northerly and westerly by and with said Shore road on its westerly and southerly side to the southerly boundary line of the Westerly fire district at the point where it touches said Shore road on the southerly side thereof; thence turning and running southerly and westerly by and with said southerly boundary line of said Westerly fire district to the westerly side of Champlin’s avenue, so-called; thence northerly along the westerly side of said Champlin’s avenue by and with the westerly boundary line of said Westerly fire district to a culvert over a ditch running into a cove from the Pawcatuck river; thence southerly by and with the southerly shore of said cove and of the said Pawcatuck river and the easterly, southerly and westerly shores of Little Narragansett bay to the Atlantic ocean; thence southerly and easterly by and with said Atlantic ocean to the first-mentioned bound, is hereby incorporated into a district to be called the Watch Hill Fire District. [note: a 1956 amendment changing the boundaries of the Watch Hill and Misquamicut fire district boundaries was not approved by the voters of the Misquamicut fire district and thus of no force or effect]

RIGHTS AND QUALIFICATIONS OF VOTERS

SEC. 2. Every person who is duly registered and eligible to vote in a general or special election in the Town of Westerly from a registered address within the District (a “registered voter”), and every owner of real property within the District which is subject to taxation by the District, shall be qualified to vote at any annual or special meeting of the District or at any adjournment thereof. Provided, however, that a registered voter may only cast a single vote, notwithstanding his or her ownership of property within the District, and every owner of real property within the District may only cast a single vote, notwithstanding his, her, or its ownership of or ownership interest in more than one lot or parcel.

 

The ownership of real property shall be determined by reference to the records of the tax assessor of the District, which records shall be based on the land evidence records of the Town of Westerly. Provided, however, that, if the ownership of any real property shall be held by an entity (corporation, partnership, limited liability company, trust, or other such entity) which is owned by more than one person, then only one vote shall be cast on behalf of such ownership. The trustees of each trust shall be deemed to be the owner thereof.

 

The authority to cast said single vote on behalf of the ownership of an entity shall be determined and evidenced by an affidavit of the person casting such vote (made under the penalties of perjury) that he or she is duly authorized to vote on behalf of said ownership. Affidavits for such purpose shall be made available at the office of the Fire District and shall be in the following form: (To view the affidavit format, please download the complete file using this link.)

 

The above affidavit shall be sworn to before a Notary Public. Upon execution of such an affidavit on behalf of the ownership of any real property held by an entity (corporation, partnership, limited liability company, trust, or other such entity) which is owned by more than one person, such affidavit shall remain in full force and effect and shall continue to evidence the voting authority of such person on behalf of such ownership until such time as the District receives an affidavit in the above form authorizing another person to vote on behalf of said ownership.

 

Any person so qualified to vote in the District shall be qualified to be a candidate for, and hold office in, the District. Ownership of an interest in an entity shall be proven by documents constituting a public record or by the records of the entity maintained in due course as part of the business records of such entity. [2004 amendment]

CANVASSING VOTERS AND PREPARATION OF LIST VOTERS

SEC. 3. There shall be a board of canvassers consisting of the tax assessor and tax collector.

 

SEC. 4. The board of canvassers shall meet and canvass the voting list of said district on the last Monday of June in every year and shall make out a correct alphabetic list of the voters of the district, indicating those, if any, who are disqualified because of arrears in the payment of taxes, and shall certify the correctness thereof and file it with the district clerk.

 

SEC. 5. Said board of canvassers shall hold a meeting on the day of, and immediately preceding, each annual and special meeting of the district, and shall correct the list of voters by showing which of the voters are then in arrears in the payment of taxes and by adding the name of every person qualified to vote whose name shall not be on the list of voters. The list of voters, so corrected, shall be certified by said board of canvassers and shall be filed with the district clerk before such meeting is called to order.

GOVERNMENT AND CONDUCT OF DISTRICT MEETINGS

SEC. 6. No less than 10 voters shall constitute a quorum for the transaction of business at any annual district meeting, and no less than a majority of the voters of the y district shall constitute a quorum for the transaction of business at any special district meeting. If at any annual or special meeting less than a quorum shall be present, a majority of the voters present at the meeting or any adjournment thereof may vote to adjourn the meeting, but may take no other action.

 

SEC. 7. The moderator or, in the absence of the moderator, the deputy moderator, shall preside at all meetings of the district. He shall have the same authority at all meetings as moderators at town meetings. [2005 amendment]

 

SEC. 8. Whenever at any district meeting action shall have been taken authorizing the expenditure of money, the incurring of any liability, or the disposition of property, not less than one-fifth of the voters present may by their affirmative votes require reconsideration of the question at an adjourned meeting of which special notice shall be given to all the voters of the district 10 days in advance of the meeting, stating the hour and place thereof and the action taken which is to be reconsidered.

 

SEC. 9. Decisions taken at any annual or special meeting of the district shall be by the affirmative vote of a majority of qualified voters present in person and voting. Any actions taken by the district as provided in sections 34, 35 and 36 of this act relating to property acquisition and disposition, borrowing, levying a tax, and budgetary matters, shall be voted at a legal meeting of the voters of the district. [2005 amendment]

 

SEC. 10. A copy of the record of the proceedings of any district meeting, duly certified by the clerk, shall be evidence of any act or vote of the district in district meeting assembled recited in such copy, and the certificate of the district clerk that no district meeting has been held to consider any subject in such certificate mentioned, or that no vote of the district has been taken on such subject, shall be evidence of the fact therein stated.

ELECTION OF DISTRICT OFFICERS

SEC. 11. The voters in the district shall at the annual meeting choose and elect a moderator, a deputy moderator, a district clerk, a district treasurer, an assessor of taxes, a collector of taxes, and two members-at-large of the district council, each to serve for a term of one year; the appropriate number of members of a park commission to consist of five qualified voters of the district each to serve for a term of three years; a finance committee to consist of three qualified voters of the district each to serve for a staggered term of three years; and a fire chief, first assistant fire chief, second assistant fire chief, and two members-at-large of the fire department, each to serve for a term of one year. Park commissioners and finance committee members serving unexpired terms as of the next succeeding annual meeting after the passage of this act shall remain in office until the expiration of their respective terms. [2005 amendment]

 

All of the foregoing officers shall hold their offices until the expiration of their terms, and until their successors have been elected and qualified. The voters may authorize the employment of assistants to any of the district officers, engineers and assistant engineers, and may elect such other officers, committees, commissions and boards, as may be necessary in the conduct of the affairs of the district.

 

SEC. 12. In case of the death, resignation or removal of any collector of taxes, the collector who shall be elected or appointed to complete the collection thereof shall have the same power to collect the same as the by-laws give to the collector first elected or appointed.

 

SEC. 13. Whenever a vacancy shall occur in any office by death, removal out of the district, resignation, or by neglect or refusal to quality, or for any other cause, a meeting of the district council may be called, and at such meeting a qualified voter shall be appointed to fill the vacancy and exercise all the powers of the office until the next annual district meeting. [2005 amendment]

CALLING AND WARNING OF DISTRICT MEETINGS

SEC. 14. A district meeting shall be held annually on the second Saturday of July in each year at 9:30 A.M., for the election of district officers and the transaction of all other business that may legally come before said meeting. [1991 amendment]

 

SEC. 15. District meetings other than the annual district meeting may be called in the manner hereinafter provided.

 

SEC. 16. The district clerk shall give notice of every annual or special meeting of the district by mailing notice thereof to all of the persons named in the list of voters, corrected and filed as herein provided.

 

SEC. 17. Notice of an annual district meeting shall be given by mailing a written or printed notice of the time when and the place where the same is to be held not less than 7 and not more than 10 days prior to the day appointed for such meeting

 

SEC. 18. Whenever one-third of the qualified voters shall make a request in writing for the calling of a special district meeting to transact any business relating to said district, in respect of which they shall have a right to vote and direct the same to the district clerk, the district clerk shall cause the voters to be duly notified of the time when and the place where the meeting is to be held and of the business proposed to be transacted at said meeting.

 

SEC. 19. Notice of special district meetings shall be given in the manner provided for annual district meetings. At all special district meetings no business shall be transacted other than that stated in the call.

THE DISTRICT TREASURER

SEC. 20. The district treasurer, before he shall proceed to discharge the duties of his office, shall give bond to the district in such sum and with such surety as the voters may determine, conditioned for the faithful discharge of the duties of said office. Said bond shall be deposited with the district clerk.

 

SEC. 21. The treasurer shall pay out no moneys other than those moneys authorized to be expended by vote of the district.

 

SEC. 22. The district treasurer shall, at the annual district meeting, make a statement of his accounts in writing, showing the several sums received and paid by him during the previous year, and showing in detail the persons to whom, and the purpose for which, the payments were made.

 

SEC. 23. Such accounts shall be audited annually by such person or persons as the district may direct.

 

SEC. 24. The district treasurer shall retain all his vouchers or receipts for the payments charged in such account, to be kept on file with other papers of his office.

THE COLLECTOR OF TAXES

SEC. 25. The collector of taxes, before he shall proceed to discharge the duties of his office, shall give bond to the district in such sum and with such surety as the voters may determine, conditioned for the faithful discharge of the duties of said office. Said bond shall be deposited/with the district clerk.

 

SEC. 26. The collector of taxes shall pay over and deliver to the district treasurer on the first day of each month the total taxes collected by him during the previous month, and at the same time deliver to the district treasurer a statement containing the names of the persons and the amount of tax paid by each person during the previous month.

COUNCIL, COMMISSIONS, WARDS, AND COMMITTEES

SEC. 27. The moderator, the deputy moderator, the treasurer, the chairman of park commission, the chairman of the finance committee, the members-at-large of the district council, and the fire chief, shall constitute a district council, which shall be the governing body of the district, and the district clerk shall be clerk of such council. The district council hall make all decisions regarding the governance, administration and operation of the district not required to be made by the qualified voters at an annual, special or adjourned meeting of the district, or by the park commission, the finance committee, or the officers of the fire department. [2005 amendment]

 

It shall also be the duty of the district council (a) to supervise and coordinate the activities of all of the officers, commissions and committees of the district; (b) to fill vacancies in offices as provided in section 13 of this act; (c) to prepare, or have prepared, ordinances relative to the district and its activities and present same to either the annual or special meeting of the district for action thereof; and (d) to develop for, and present to, the annual or a special meeting called for the purpose, plans for the improvement and development of the district. The council shall meet at the call of the moderator or five members of the council on two days prior notice given by the district clerk or less in the event of an emergency. Five members shall constitute a quorum for the transaction of business at a meeting of the council. All actions of the council shall be taken by majority vote of council members in attendance at the meeting. All meetings will be chaired by the moderator or, in the absence of the moderator, the deputy moderator. [2005 amendment]

 

SEC. 28. The fire chief, first assistant fire chief, second assistant fire chief and two members-at-large of the Watch Hill fire department shall be qualified voters of the district and, subject to district council approval, shall be responsible for the care, management and control of all property and equipment owned by the district which is used for the prevention or extinguishment of fires, and shall have supervision and control of all officers and others appointed or engaged in the prevention or extinguishment of fires. [2005 amendment]

 

SEC. 29. The park commissioners shall be responsible for the care, management and control of all property owned by the district and of any such property hereafter acquired; negotiating, subject to approval of the district council and the voters of the district, the purchase of land and buildings; the construction, maintenance and operation of buildings, piers, walks, driveways, parks, bathhouses and parking facilities; and negotiating, subject to approval of the district council, the leasing of lands, buildings, bathhouses, piers, and parking facilities, on behalf of the district. The park commission shall elect a chairman from among its members. If a vacancy shall exist on said commission the district council of said district shall by appointment fill such vacancy. [2005 amendment]

 

SEC. 30. The finance committee shall, at least 15 days before each and every annual meeting, sit in open meeting to receive requests for funds to defray the cost of the activities of the district and to receive suggestions for expenditures to improve the property of the district, extend the usefulness of the district to residents therein, and for all other proper purposes, and shall report thereon to the annual meeting with its recommendations.

LEVY ASSESSMENT AND COLLECTION OF TAXES

SEC. 31. All real property in the district shall be taxed to the owners thereof whether individuals, co-partnerships or corporations, according to the last valuation made by the assessors of taxes of the town of Westerly next previous to the assessment, adding, however, any taxable real property which may have been omitted by said assessors of taxes of the town of Westerly or afterwards acquired, and in all cases where the town assessors may have included property within the district and property without the district in one valuation, the tax assessors of the district shall make an equitable valuation of that portion of the same lying within the district.

 

SEC. 32. In assessing and collecting such taxes, such proceedings shall be had by the officers of said district, as near as may be, as are required to be had by the corresponding officers of towns in the State of Rhode Island in assessing and collecting town taxes.

POWERS OF AND SUITS BY AND AGAINST SAID DISTRICT

SEC. 33. The district may have a common seal, in its corporate name, may sue and be sued, prosecute and defend, in any court and elsewhere, and enjoy all the other powers generally incident to corporations.

 

SEC. 34. The district may take, purchase and hold real estate and personal estate and alienate and convey the same, and subject to limitations herein contained may borrower money and incur indebtedness. All real and personal estate held by the district and not used for commercial purposes shall be exempt from all taxation.

 

SEC. 35. The district may raise by a tax on real estate such sums of money as shall be necessary to pay district debts or to defray the charges and expenses of the district hereinafter set forth and pay the same out of the treasury; provided, the same be voted at a legal meeting of the voters of the district.

 

SEC. 36. The district may at any legal meeting grant and vote such sums of money as it shall judge necessary:

  • For the renewal, replacement, purchasing Id procuring of implements and apparatus for the extinguishment of fire.
  • For the purpose of supplying the inhabitants of said district with water for fire and district purposes.
  • For the purpose of providing for the collection and disposal of garbage.
  • For the purpose of improving the property of said district and purchasing additional property.
  • For the purchase of sites for and for the erection and repair of district structures.
  • For the making and repairing of sidewalks, and cleaning the streets and public beaches.
  • For the improvement in any manner it may deem fit of any property belonging to the district.
  • For the purpose of creating a reserve fund for the extinguishment of debts or for the future replacement of property.
  • For all necessary charges and expenses whatsoever arising within the district, incidental or not to the above
  • For the purpose of expending such sums of money as it deems necessary for mosquito control projects. D added by 1969 amendment]

 

SEC. 37. The acts, ordinances and by-laws of the district shall continue in force until altered or annulled by vote of the district or by law.

 

SEC. 38. No person may commence an action against the district or any of the officers thereof for damage suffered to person or property by reason of defect, want of repair of any of the district’s property or by reason of injury suffered to person or property by reason of the lack of care and diligence on the part of the district, its officers or servants, in the performance of any of the acts authorized in this charter.

 

SEC. 39. Every suit, whether in law or equity brought by the district shall be brought in the name of the district unless otherwise directed specially by law.

 

SEC. 40. All the outstanding notes, indebtedness and contracts of the district shall be paid and be fulfilled according to the tenor thereof, and all district works now authorized to be prosecuted shall be prosecuted, and all indebtedness now authorized to be incurred on account thereof may be incurred, according to the tenor of the authority therefor.

 

SEC. 41. The district shall not, without special statutory authority therefor, incur any debt in excess of 3 per centum of the assessed value of the taxable property within the district, but the giving of a new note or bond for a pre-existing debt or for money borrowed and applied to the payment of such pre-existing debt is excepted from the provisions of this section, and the amount of any sinking fund shall be deducted in computing such indebtedness.

 

SEC. 42. The district may enter into agreements with the town of Westerly or other corporations from time to time, in relation to the supply of water to the district, and shall continue to receive all of the benefits derived from a certain contract with the town of Westerly dated December 11, 1901.

 

SEC. 43. The district may from time to time make and ordain all ordinances, by-laws and regulations for the district not repugnant to law which it may deem necessary for the safety of its inhabitants from fire; fireworks; for the preservation of the health of its inhabitants; prevention and abatement of nuisances; for the promotion of cleanliness; to prevent the indecent exposure of anyone bathing in any of the waters within the district; for the care, management of parks and grounds belonging to the district; for the control and regulation of parking of motor vehicles on property belonging to the district and in other places within the district in cooperation with the authorities of the town of Westerly; and generally, all other ordinances, regulations and by-laws for the well-governing, managing and directing of the affairs of the district not repugnant to the laws of the state, and to the ordinances of the town of Westerly.

 

SEC. 45. The district may appoint all necessary officers for the execution of its said ordinances, by-laws and regulations; may define their duties and fix their compensation, and may relieve any such officers at pleasure.

 

SEC. 46. The question of the acceptance or rejection of this act shall be submitted to the qualified voters of said district at the annual meeting to be held on the 14th day of July, 1941, or any further adjournment thereof. The district clerk shall forthwith, after said meeting, notify the secretary of state of the result of the vote upon the question hereby submitted.

 

SEC. 47. Section 46 of this act shall take effect upon its passage, and the remainder of the act shall take effect if and when the said district votes to accept this act as provided in section 46 and thereupon chapter 946 of the public laws, 1901, entitled “An act to incorporate the Watch Hill Fire District,” and all acts in amendment thereof or in addition thereto and all other acts or parts of acts inconsistent herewith, shall stand repealed.

 

SEC. 48. All meetings of the district council and of the park commission shall be held within the district and shall be open to the public. [1961 amendment]

CHAPTER 2869 - AN ACT RELATING TO FIRE DISTRICTS IN THE TOWN OF WESTERLY

SECTION 1. Notwithstanding the provisions of any other law the real and personal property of any fire district pr incorporated volunteer fire engine company in active service and located in the town of Westerly shall be exempt from taxation only to the extent that the same is used for fire fighting purposes, or to the extent that the land; buildings, structures and equipment of such district or company are actually used for the purposes authorized by its act of incorporation or charter.

 

SEC. 2. No fire district or incorporated volunteer fire engine company in active service and located in the town of Westerly shall hereafter own or hold any property, real or personal, which is not used for the purposes authorized by its act of incorporation or charter; provided, however, that this section shall not apply to any property owned by any fire district at the time of the passage of this act.

 

SEC. 3. This act shall take effect upon its passage. All taxes regularly assessed by the town of Westerly shall remain in full force and effect not withstanding any claim or exemption contrary to the provisions of this act.

JANUARY SESSION, 1957 -- CHAPTER 129

SECTION 1. Section 2 of chapter 2869 of the public laws, 1951, entitled, “An act relating to fire districts in the town of Westerly,” is hereby repealed.

 

SEC.’ 2. All purchases and acquisitions of real and personal property by any fire district or incorporated volunteer fire engine company within the Westerly fire district hitherto made are hereby confirmed, ratified and approved.

 

Sec. 3. Fire districts in said town of Westerly are hereby authorized to purchase, acquire, own, hold, use, possess, lease, alienate and convey real and personal estate for the purpose of constructing, improving, and maintaining fire stations, meeting places, roads, sidewalks, pass-ways, fire lanes, water holes, bathing beaches, docks, parking and recreational facilities, mosquito control, and for the general Welfare of the inhabitants and taxpayers of said district said fire districts shall have authority to adopt such ordinances, by-laws, rules and regulations for the proper Management, use and control of said real and personal estate as their respective taxpayers at any legal meeting may determine.

 

SEC. 4. This act shall take effect upon its passage and all acts and -parts of acts inconsistent herewith, are hereby repealed.

JANUARY SESSION, 1948

Section 1. The Watch Hill fire district is hereby authorized and empowered to carry on a general beach and bathhouse business at said district; to own and manage lands within said district, and construct, maintain and operate or lease thereon buildings, piers, walks, parking facilities and swimming pools; to furnish bathing accommodations and facilities to the residents of said district and to the public; and to make reasonable rules and regulations for the use of the same and charge suitable fees therefor.

 

Section 2. The Watch Hill fire district is hereby authorized and empowered to issue in addition to authority heretofore granted, under its corporate name and seal, bonds in serial form to an amount not exceeding seventy five thousand dollars. Said bonds shall be of the denomination of not less than one thousand dollars each, shall bear interest not exceeding three and one-half per cent per annum payable semi-annually, the principal thereof and interest thereon shall be payable in any coin or currency of the United States of America, which at the time of payment is legal tender for public and private debts and the debts secured by said bonds shall be obligatory on said district in the same manner and to the same extent as other debts lawfully contracted by said district:- The dates of maturity of said bonds shall in no case be more than twenty lire years after the date of issue and not more than five thousand dollars of said bonds shall become clue and payable in any one year, provided, however That no bonds issued under the provisions of this act shall mature later than the year 1973.

 

Section 3. Said bonds shall be signed by the district treasurer and countersigned by the district clerk of the Watch Hill fire district and shall be issued and sold by the district council of said district at such times and in such amounts as the district council shall. determine, provided, however, that the premiums, if any, arising from the sale of said bonds shall he applied to the payment of the principal of said bonds in the order of their maturity. The proceeds arising from the sale of the bonds authorized by this act shall be delivered to the district treasurer and such proceeds, except as herein- before provided, with respect to the premiums arising from the sale thereof, shall be expended for the purposes provided in section 1 of this act. No purchaser of any of said bonds, however, shall be in any way responsible for the proper application of the proceeds derived from the sale thereof.

 

Section 4. The Watch Hill fire district shalt annually appropriate a sum sufficient to pay the interest upon the bonds issued and outstanding under authority of this act and also to pay the principal of the bonds maturing in any such year until said bonds are paid in full. All obligations of said district which are incurred under authority of this act shall be excepted front the operation of section 41 of an act entitled “An act to incorporate the Watch Hill fire district approved May 2, 1911.”

JANUARY SESSION. I 94S. 1595

Being in the aggregate at any one time the amount of bonds authorized to be issued under the provisions of this act and the proceeds of the sale of such notes, debentures, or other evidence of indebtedness all be issued only for the purposes specified in section 1 of this act, provided, however, that the proceeds of the sale of any bonds authorized and issued under the provisions of this act shall first. have been applied to the payment of such notes, debentures, or other evidence of indebtedness issued under authority hereof.

 

Section 6. The district council of the Watch Hill fire district is hereby authorized and empowered to make reasonable rules and regulations as it may deem necessary or proper for the proper care, management, maintenance, protection and improvement of any part of said beach property owned by said district and of any buildings, fences, walks, piers, parking areas and other property which may be thereon from time to time and for the use and enjoyment of the same and the maintenance of good order and sanitary conditions thereon and for regulating any and all travel by the public to, from, in or over any part of said beach property owned by said district and may enact such ordinances as it may deem necessary or proper to enforce said rules and regulations and to prescribe penalties for the violation of such ordinances.

224 JANUARY SESSION, 1950 -- CHAPTER 2505

AN ACT AUTHORIZING THE WATCH HILL FIRE DISTRICT TO ISSUE BONDS AND NOTES FOR THE PURPOSE OF ACQUIRING LANDS, BUILDINGS, AND FURTHER CONSTRUCTION OF BUILDINGS, BATHHOUSES AND PARKS.

 

SECTION 1. The Watch Hill fire district, created by act of the general assembly, passed at the January session 1941 and approved May 2, 1941, as amended, through the park commission hereinafter created by section 5 of this act, is hereby authorized and empowered to purchase, acquire, own and manage lands and buildings, within said district; construct, maintain, repair and operate buildings, piers, walks, driveways, parks, bathhouses and parking facilities; to lease lands, buildings, piers, and parking facilities; to furnish bathing accommodations and facilities; and to make reasonable rules and regulations for the use of the same.

 

SEC. 2. The Watch Hill fire district is hereby authorized and empowered to issue under its corporate name and seal, bonds in serial form to an amount not exceeding $150,000.00, in addition to the bonds here- fore issued by said district and now outstanding. Said bonds shall be of the denomination of not less than *1,000.00, shall bear interest at a rate not exceeding 21/2% per annum, payable semi-annually, the principal thereof and interest thereon shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts, and the debt secured by said bonds shall be obligatory on said district in the same manner and to the same extent as other debts lawfully contracted by said district. The dates of maturity of said bonds shall be in no case more than 30 years after the date of issue, and not more than 0,000.00 of said bonds shall become due and payable in any one year.

 

SEC. 3. Said bonds shall be signed by the district treasurer, countersigned by the district clerk of the Watch Hill fire district and shall be issued and sold by the district council of said district at such times and in such amounts as the said district council shall determine; provided, however, that the premiums, if any, arising from the sale of said bonds shall be applied to the payment of the principal of said bonds in order of their maturity. The proceeds arising from the sale of the bonds authorized by this act shall be delivered to the district treasurer and such proceeds, except as hereinbefore provided in respect to the premiums arising from the sale thereof, shall be expended for the purposes authorized in section 1 of this act. No purchaser of any of said bonds, however, shall be in any way responsible for the proper application of the proceeds derived from the sale thereof.

 

SEC. 4. The Watch Hill fire district shall annually appropriate a sum sufficient to pay the interest upon the bonds issued and outstanding under authority of this act and also to pay the principal of the bonds maturing in any such year, until said bonds are paid in full. All obligations of said district which are incurred under authority of this act, shall be excepted from the operation of section 41 Of the act entitled “An act to incorporate the Watch Hill fire district,” passed by the general assembly at the January session, 1941 and approved May 2, 1941.

 

SEC. 5. The management of all property now owned by the Watch Hill fire district and of the property hereafter acquired, the purchase of land and buildings, the construction, maintenance and operation of buildings, piers, walks, driveways, parks, bathhouses and parking facilities, and the leasing of lands, buildings, bathhouses, piers, and parking facilities, on behalf of the district, under the provisions of this act, shall be vested in a park commission consisting of 3 qualified electors of said district elected by the electors of said district at the annual meeting to be held on the 8th day of July, 1950, or any further adjournment thereof. One of said park commissioners shall serve for a term of 3 years, one shall serve for a term of 2 years and one shall serve for a term of one year from the date of their election or until their successors are duly elected and qualified; thereafter said qualified electors shall annually thereafter, elect one park commissioner to serve for a term of 3 years or until his successor is elected and qualified; and if a vacancy shall exist on said commission the district council of said district shall by appointment fill such vacancy.

 

SEC. 6. The said park commission may appoint such officers and employees as may be necessary, and fix their compensation, and all of whom shall serve during the pleasure of said park commission. Said park commission shall keep a record of its proceedings and make an annual report concerning the same to the annual meeting of said district. Said park commission shall have power to make reasonable rules and regulations as it may deem necessary or proper for the proper care, management, maintenance, protection and improvement of any part of said property owned by said district and of any buildings, fences, walks, piers, bathhouses, parking areas and other property which may be thereon from time to time, and for the use and enjoyment of the same and the maintenance of good order and sanitary conditions thereon.

 

Sze. 7. The Watch Hill fire district is hereby authorized and empowered to issue, in its corporate name, notes, debentures, or other evidences of indebtedness, signed by the district treasurer and countersigned by the district clerk of the Watch Hill fire district, and said district may renew the same from time to time as the same become due and payable, to an amount not exceeding in the aggregate, at any one time, the amount of bonds authorized to be issued under the provisions of this act, and the proceeds of the sale of such notes, debentures, or other evidence of indebtedness, shall be used only for the purposes authorized in section 1 of this act; provided, however, that the proceeds of the sale of any bonds authorized and issued under the provisions, of this act shall first have been applied to the payment of such notes, debentures or evidences of indebtedness issued under authority thereof.

 

SEC. 8. The action of the acceptance or rejection of this act shall be submitted to the qualified voters of said Watch Hill fire district at the annual meeting to be held on the 8th day of July, 1950, or any further adjournment thereof. The district clerk shall forthwith after said meeting notify the secretary of state of the result of the vote upon the question hereby submitted.

 

SEC. 9. Section 8 of this act and this section shall take effect upon the passage of the act and the remainder of the act shall take effect if and when said district votes to accept this act as provided in section 8 and thereupon all other acts or parts of acts inconsistent herewith shall stand repealed.

 

Comments are closed.

Close Search Window