Section 172-G. Filing of determination  


Latest version.
  • 1.  Whenever  the board of fire
      commissioners and the town board shall adopt  a  resolution  diminishing
      the area of a fire district and including such area in a fire protection
      district, the town clerk shall cause a certified copy of such resolution
      to  be  duly  recorded in the office of the clerk of the county in which
      such fire district and fire protection district are located, and  shall,
      within ten days cause a certified copy of such resolution to be filed in
      the  state  department of audit and control at Albany, New York. When so
      recorded,  such  resolution  shall  be  presumptive  evidence   of   the
      regularity  of the establishment of the fire protection district and the
      diminution of the fire district. The expense of such recording shall  be
      a  charge  against  the fire district.   The said determination shall be
      final and conclusive unless a proceeding has been commenced for a review
      in the manner provided by article seventy-eight of  the  civil  practice
      law and rules within thirty days from the time of recording thereof.
        2.  In  the  event  that  the  boundaries  of  a  fire district having
      indebtedness, either bonded or temporary, shall be  diminished  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 diminution of its boundaries, and in
      the same manner and at the 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 diminished boundaries of the district
      as they exist after the diminution  thereof  shall  be  liable  for  the
      payment of indebtedness incurred for the purposes of such district after
      such  diminution. For the purposes hereof, such diminution of boundaries
      shall be deemed effective upon the adoption by the  town  board  of  the
      resolution providing therefor, unless such resolution shall specify some
      other  date  for  such  purpose,  in which case such diminution shall be
      deemed effective upon the date so specified.