N.Y. Town Law § 172-a: Alteration of boundaries of fire districts

§ 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.