N.Y. Town Law § 172-c: Alteration of boundaries of fire protection district

§ 172-c. Alteration of boundaries of fire protection district. The

town board of a town in which any fire protection district has been

established, or if established in two or more towns, the town boards of

such towns acting jointly by a majority vote of the members of each of

such town boards, upon petition and after a public hearing, or upon the

motion of such town board or town boards after a public hearing, may

alter the boundaries of such fire protection district in accordance with

such petition or motion and exclude from the district territory

previously located therein. Such petition, if any, shall be signed by

resident taxpayers owning taxable real property aggregating at least

one-half of the assessed valuation of all the taxable real property

owned by resident taxpayers in the territory to be excluded and at least

one-half of the assessed valuation of all the taxable real property

owned by resident taxpayers in the remaining territory of the district.

The assessed valuations in either case shall be the assessed valuations

of the taxable real property as shown by the latest completed

assessment-roll of the town. Such petition, if any, 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 matter 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 the manner in which it is

proposed to alter the boundaries of the district. Any resolution

altering the boundaries of such fire protection district 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 of this section, the boundaries of such fire

protection district shall be deemed to be altered pursuant to petition

of resident taxpayers and the territory described in the notice

excluded, 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 boundaries shall be

deemed to be altered and such territory excluded on the date so

specified, and such alteration of boundaries 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 such

fire protection district shall be carried out in the same manner as if

such boundaries had not been altered or territory excluded from the

district.