Laws of New York (Last Updated: November 21, 2014) |
TWN Town |
Article 11. FIRE, FIRE ALARM AND FIRE PROTECTION DISTRICTS |
Section 172-B. Consolidation of fire protection districts
Latest version.
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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