Section 709. Annexation by a city of territory in fire, fire protection, or fire alarm districts; assumption of indebtedness; property rights  


Latest version.
  • 1.  If  an  annexation  of territory by a city includes the entire area of a
      fire district, the city, as of the date of such annexation, shall become
      the owner of all of  the  property  and  property  rights  of  the  fire
      district  and shall assume all of the indebtedness and contract or other
      liabilities of the fire district, and shall furnish fire protection, and
      other emergency service which would require the services of firemen,  in
      the  area so annexed in the same manner as in other similar areas of the
      city.
        2. If an annexation of territory by a city includes only a part of the
      area of a fire district, the indebtedness  and  any  contract  or  other
      liabilities,  and  interest thereon, shall be a charge upon and shall be
      paid by the city, as the same shall become due and payable, to the  fire
      district in the same proportion to the whole of any such indebtedness or
      any such liability as the full valuation of the taxable real property of
      the  territory  which  is  annexed  bears  to  the full valuation of the
      taxable real property of the fire district prior to the annexation. Such
      full valuation shall be determined in the manner provided in subdivision
      twenty-one-a of section 2.00 of the  local  finance  law.  If  the  fire
      district  owns  any  real  property  or  rights  in real property in the
      territory which is annexed, the city may  purchase  any  such  property,
      including  any  personal property used in connection therewith, from the
      fire district for a fair and reasonable price to be agreed upon  by  the
      governing  boards  of  the  city  and the fire district and the board of
      commissioners of the fire district  shall  have  power  to  execute  any
      necessary  instruments  in  relation thereto. Any such sale shall not be
      subject to approval at a fire district election. If such  real  property
      is a firehouse owned by the fire district, the city shall be required to
      purchase  such real property and any rights in real property appurtenant
      thereto from the fire district.  If the governing boards of the city and
      the fire district cannot agree on a fair and reasonable price  therefor,
      the city shall proceed to acquire such real property and any such rights
      by  condemnation  in  the same manner as if the property was owned by an
      individual. The city shall furnish fire protection, and other  emergency
      service  which  would  require  the  services of firemen, in the area so
      annexed in the same manner as in other similar areas of the city.
        3. If an annexation of territory of a city includes the entire area of
      a fire protection district or of a fire alarm district, the  city  shall
      furnish fire protection, and other emergency service which would require
      the services of firemen, in the area so annexed in the same manner as in
      other similar areas of the city.
        4. If an annexation of territory to a city includes only a part of the
      area  of  a  fire  district,  a fire protection district or a fire alarm
      district, the governing boards of the city, the fire district and of the
      town, as the case may  be,  shall  provide  for  the  carrying  out  and
      fulfillment of any contract for the furnishing of fire protection to the
      area  of  such  fire  district,  fire  protection district or fire alarm
      district which is outside the city.