N.Y. General Municipal Law § 709: Annexation by a city of territory in fire, fire protection, or fire alarm districts; assumption of indebtedness; property rights

§ 709. Annexation by a city of territory in fire, fire protection, or

fire alarm districts; assumption of indebtedness; property rights. 1. If

an annexation of territory by a city includes the entire area of a fire

district, the city, as of the date of such annexation, shall become the

owner of all of the property and property rights of the fire district

and shall assume all of the indebtedness and contract or other

liabilities of the fire district, and shall furnish fire protection, and

other emergency service which would require the services of

firefighters, in the area so annexed in the same manner as in other

similar areas of the city.

2. If an annexation of territory by a city includes only a part of the

area of a fire district, the indebtedness and any contract or other

liabilities, and interest thereon, shall be a charge upon and shall be

paid by the city, as the same shall become due and payable, to the fire

district in the same proportion to the whole of any such indebtedness or

any such liability as the full valuation of the taxable real property of

the territory which is annexed bears to the full valuation of the

taxable real property of the fire district prior to the annexation. Such

full valuation shall be determined in the manner provided in subdivision

twenty-one-a of section 2.00 of the local finance law. If the fire

district owns any real property or rights in real property in the

territory which is annexed, the city may purchase any such property,

including any personal property used in connection therewith, from the

fire district for a fair and reasonable price to be agreed upon by the

governing boards of the city and the fire district and the board of

commissioners of the fire district shall have power to execute any

necessary instruments in relation thereto. Any such sale shall not be

subject to approval at a fire district election. If such real property

is a firehouse owned by the fire district, the city shall be required to

purchase such real property and any rights in real property appurtenant

thereto from the fire district. If the governing boards of the city and

the fire district cannot agree on a fair and reasonable price therefor,

the city shall proceed to acquire such real property and any such rights

by condemnation in the same manner as if the property was owned by an

individual. The city shall furnish fire protection, and other emergency

service which would require the services of firefighters, in the area so

annexed in the same manner as in other similar areas of the city.

3. If an annexation of territory of a city includes the entire area of

a fire protection district or of a fire alarm district, the city shall

furnish fire protection, and other emergency service which would require

the services of firefighters, in the area so annexed in the same manner

as in other similar areas of the city.

4. If an annexation of territory to a city includes only a part of the

area of a fire district, a fire protection district or a fire alarm

district, the governing boards of the city, the fire district and of the

town, as the case may be, shall provide for the carrying out and

fulfillment of any contract for the furnishing of fire protection to the

area of such fire district, fire protection district or fire alarm

district which is outside the city.