Section 189-H. Annual statement of expenditures and levy of taxes  


Latest version.
  • 1. (a)
      The fiscal year of each joint fire district shall begin on the first day
      of January and end on the thirty-first day of December. For each  fiscal
      year,  the  board  of  commissioners  of  each joint fire district shall
      prepare and adopt an annual budget in accordance with  subdivisions  two
      and three of section one hundred eighty-one of this chapter.
        (b)  Within  three  days  after the adoption of the annual budget of a
      joint fire district, the  fire  district  secretary  shall  prepare  and
      deliver  to  the  town  clerk of each town in which the fire district is
      located two certified copies of the annual budget, and file a  certified
      copy  of  the  annual budget with the clerk of each village in which the
      joint fire district is located. Neither the town board, town supervisor,
      town clerk or any other officer or employee of any such  town,  nor  the
      board  of  trustees,  mayor,  clerk,  treasurer  or any other officer or
      employee of any such village, shall make any change to the annual budget
      of the fire district.
        (c) After the annual budget  of  the  joint  fire  district  has  been
      affixed  to  the annual budget adopted by the town board and a certified
      copy presented to the board of supervisors of the county  in  which  the
      town  is  situated  as  required  by section one hundred fifteen of this
      chapter, the board of supervisors shall assess and levy upon the taxable
      real property within the joint fire districts the amounts to  be  raised
      by tax for the purposes of the respective districts as specified in such
      annual  budgets  and shall cause the amount so assessed and levied to be
      collected, in the same manner and at the  same  time  and  by  the  same
      officers  as  town  taxes  are assessed, levied and collected, provided,
      that when a joint fire district is located in more than  one  town,  the
      amount  to be raised by tax from the area of each such town in which the
      joint fire district is located shall be determined  in  accordance  with
      subdivision  (d)  of  this  section.  When such taxes are collected, the
      amount thereof shall be paid to the supervisor of the town  and  by  him
      immediately paid to the treasurer of the joint fire district.
        (d) If a joint fire district includes taxable property located in more
      than  one town, the amount to be assessed, levied and collected upon the
      property within each of such towns shall be  apportioned  in  accordance
      with section eight hundred six of the real property tax law.
        2.  In any case where a parcel of real property separately assessed on
      the town assessment roll shall be divided by the line of the joint  fire
      district  or  of any zone established therein as provided in subdivision
      twenty-seven of section one hundred  seventy-six  of  this  chapter,  it
      shall  be  the  duty  of  the town assessors, after the valuation of the
      whole of such parcel shall have been fixed, to determine what proportion
      of such valuation is on account of that part of such parcel lying within
      the limits of the joint fire district or of such zone or zones, and  the
      assessors shall enter such proportion separately on the assessment roll.
      The valuation of the real property lying within such joint fire district
      or  within  such zone or zones, as so fixed and determined, shall be the
      valuation subject to taxation  for  the  purposes  of  such  joint  fire
      district or of such zone or zones.
        3.  The  treasurer  of each joint fire district shall prepare and file
      annually in the office of the town clerk of each town in which any  part
      of  such  joint fire district shall be located, and in the office of the
      state comptroller, a financial statement setting  forth  in  detail  the
      receipts  and  expenditures  of such joint fire district. Such statement
      shall be filed in such offices within sixty days after the close of  the
      fiscal year of the joint fire district.