Section 172-B. Consolidation of fire protection districts  


Latest version.
  • Irrespective of
      the  manner  of  their original establishment, whenever two or more fire
      protection 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 its or their own motion and
      without a petition or 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, may consolidate such fire protection districts  and  establish
      the  same  into  one  fire  protection  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  protection
      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. Any
      resolution of consolidation made upon motion of the town board  or  town
      boards without a petition shall be subject to a permissive referendum as
      provided in article seven of this chapter.
        For  the  purposes  hereof, such consolidation pursuant to petition of
      resident taxpayers 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,
      and such consolidation upon motion of the  town  board  or  town  boards
      without  a  petition  shall  become  effective  as  provided  in section
      ninety-one of this chapter. Unless renegotiated  any  existing  contract
      for  the supplying of fire protection to any fire protection district so
      consolidated shall be  carried  out  in  the  same  manner  as  if  such
      consolidation had not taken place.
        Where  more  than  one fire protection district is situated in a town,
      the town board after a public hearing thereon of which notice  shall  be
      given  as hereinbefore provided, may make a contract for fire protection
      covering all or any of such districts in which event  the  cost  of  the
      contract  shall  be  spread pro rata upon all the property in all of the
      districts affected by such contract.
        * NB Repealed March 21, 2010