Section 172-A. Alteration of boundaries of fire districts

1. Irrespective
  of the manner of their original establishment, whenever two or more fire
  districts adjoin and the boards  of  fire  commissioners  of  each  fire
  district affected have agreed by a written memorandum of proposed change
  to alter the boundaries of such fire districts, but not in such a manner
  as  to  include  territory  not  previously  situate  within  such  fire
  districts, nor to exclude  territory  previously  situate  therein,  and
  after a public hearing thereon, held jointly by such fire districts, the
  boundaries of such fire districts may be altered in accordance with such
  memorandum  of  proposed  change, but not until such proposed change has
  been approved by the town board of the town in which such fire districts
  are located, or if located in two or more towns, by the town  boards  of
  such towns.
    2. Such memorandum of proposed change shall be signed by a majority of
  the members of the board of fire commissioners of each fire district and
  shall  be  acknowledged  or  proved  in  the same manner as a deed to be
  recorded. The members  of  the  board  of  fire  commissioners  of  each
  district  affected  shall  jointly  hold  a  public  hearing  upon  such
  memorandum of proposed change and shall cause a  notice  thereof  to  be
  published at least once in a newspaper having general circulation in the
  territory  affected,  the  first publication thereof to be not less than
  ten days nor more than twenty days before the day designated therein for
  the hearing, and the secretary of the fire districts shall cause  copies
  of  such  notice to be posted conspicuously in five public places in the
  district at least ten days prior to the date of such public hearing.  In
  the  event  that  the  district  maintains a website, one of the posting
  requirements may  be  fulfilled  by  posting  such  information  on  the
  website. Such notice shall specify the time when and the place where the
  boards of fire commissioners of the districts affected will meet to hear
  all  persons  interested  in  the  subject concerning the same and shall
  specify each district affected and shall  state  in  general  terms  the
  manner in which it is proposed to alter the boundaries thereof. Costs of
  publication shall be borne equally by each fire district affected.
    3.  After a hearing held upon notice as hereinbefore provided and upon
  the evidence given thereat, the boards  of  fire  commissioners  of  the
  districts affected shall determine by joint resolution:
    (a)  Whether all the property and property owners within the districts
  are benefited by such change.
    (b) Whether all the property and property owners within  the  area  of
  such boundary change are benefited thereby.
    (c)  Whether  it  is in the public interest to grant the boundary line
  changes as set forth in the memorandum of proposed change.
    If and when the boards of fire commissioners shall  determine  in  the
  affirmative  all  of  the  questions  set forth in this subdivision, the
  boards may adopt  a  resolution  jointly  approving  the  boundary  line
  changes.  Such  joint resolution and memorandum of proposed change shall
  be filed with the town  clerk  of  the  town  or  towns  in  which  such
  districts  are  wholly  located  and  with  the assessor of such town or
  towns.
    4. The proposed change of boundaries shall  be  deemed  to  have  been
  approved  pursuant  to this section in the event that no action is taken
  by the town board or town  boards,  either  approving  or  disapproving,
  within  thirty  days  of receipt of the memorandum of proposed change by
  the town clerk or clerks. If the town board or town boards approve  such
  proposed change, such alteration of boundaries shall be deemed effective
  upon  the date of such adoption. If the town board of any one of the two
  or more town boards in which the fire  district  is  located  disapprove
  such  proposed  change  of  boundaries,  then, within ten days after the

  adoption of such resolution disapproving such change of  boundaries  the
  town  clerk  of  the town disapproving such change shall notify the fire
  districts involved. Any fire district  believing  itself  aggrieved  may
  within  thirty  days  of receipt of notification commence an appropriate
  proceeding in the supreme court of the state of New York  in  accordance
  with  article  seventy-eight of the civil practice law and rules, naming
  the town board or town boards as respondents.
    5. In the event that the boundaries of a district having indebtedness,
  either bonded or temporary,  shall  be  altered  pursuant  hereto,  such
  district  shall  continue in law as it existed immediately prior to such
  change of boundaries 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 district  as  it  existed  immediately
  prior  to  such  alteration of boundaries, 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 and  only  the  real  property
  within the boundaries of the district as they exist after the alteration
  thereof shall be liable for the payment of indebtedness incurred for the
  purposes  of  such  district  after  such  alteration.  For the purposes
  hereof, such alteration of boundaries shall be deemed effective upon the
  adoption by the boards  of  fire  commissioners  of  the  affected  fire
  districts  of  the resolution providing therefor, unless such resolution
  shall specify some other date for  such  purpose,  in  which  case  such
  alteration shall be deemed effective upon the date so specified.