Section 172. Consolidation of fire districts  


Latest version.
  • Irrespective of the manner
      of their original establishment, whenever two  or  more  fire  districts
      adjoin,  the  town board of the town in which such districts are located
      or, if said districts be situate in more than one town, the town  boards
      thereof  acting  jointly  by a majority vote of the members of each such
      town boards, upon  a  written  petition  of  resident  taxpayers  owning
      taxable  real  property  aggregating  at  least one-half of the assessed
      valuation of all the taxable real property of each of the  districts  so
      adjoining owned by resident taxpayers thereof, as such valuations appear
      upon the latest completed assessment roll of said town or towns, or upon
      the  written  petition  of  a  majority  of  the members of the board of
      commissioners of each fire district proposed to be included  within  the
      consolidated  district may consolidate such fire districts and establish
      the same into one fire district after a  public  hearing  thereon.  Such
      petition or petitions shall be signed, and acknowledged or proved in the
      same  manner  as  a  deed to be recorded, or authenticated in the manner
      provided by the  election  law  for  the  authentication  of  nominating
      petitions.  Notice  of such hearing shall be given and such hearing held
      and the subject matters thereof determined in the manner provided herein
      for hearings upon the establishment of fire districts, except  that  the
      notice  of  hearing  shall  state  in  general terms the purposes of the
      hearing and specify each  of  the  existing  districts  proposed  to  be
      included within the consolidated district.
        In  the event that at the time of consolidation, any district included
      within the consolidated district shall  have  any  indebtedness,  either
      bonded  or  temporary,  such district shall continue to exist in law for
      the purpose of paying such indebtedness, and  there  shall  be  annually
      assessed  and  levied  upon and collected from the taxable real property
      within such original fire district, in the same manner and at  the  same
      time  and  by  the  same officers as town taxes are assessed, levied and
      collected, a sum  sufficient  to  pay  such  indebtedness  and  interest
      thereon  as  the same shall become due. All the real property within the
      consolidated district shall be liable for the  payment  of  indebtedness
      incurred  for the purposes of the district after such consolidation. For
      the purposes hereof, such consolidation shall be deemed  effective  upon
      the  adoption  by  the  town  board  or  town  boards  of the resolution
      providing therefor, unless such resolution shall specify some other date
      for  such  purpose,  in  which  case  such  consolidation  shall  become
      effective on the date so specified.
        * NB Repealed March 21, 2010