N.Y. Town Law § 173: Filing of determination

§ 173. Filing of determination. 1. Whenever the town board or boards

shall adopt a resolution establishing or extending a fire alarm district

or a fire protection district, or consolidating two or more adjoining

fire districts or fire protection districts, or altering the boundaries

of a fire district or fire protection district, or dissolving a fire

district, a fire alarm district or fire protection district, the town

clerk or clerks shall cause a certified copy of such resolution to be

duly recorded in the office of the clerk of the county or counties in

which such fire district, fire alarm district, fire protection district,

or consolidated or altered fire districts, or consolidated fire

protection districts, 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,

extension, consolidation, dissolution or alteration of such district or

districts. The expense of such recording shall be a charge against the

district or districts. The said determination shall be final and

conclusive unless a proceeding has been commenced for 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. Whenever the town board or boards shall adopt a resolution

establishing or extending a fire district for which it is proposed that

an expenditure is to be financed by the issuance of bonds, notes,

certificates or other evidences of indebtedness of the fire district,

such resolution or determination shall be submitted to the state

comptroller for approval in the following manner:

(a) Within ten days after the adoption of a resolution by a town board

approving the establishment or extension of such a district, the town

clerk of the town shall file a certified copy of such resolution, in

duplicate, in the office of the state department of audit and control at

Albany, New York, together with an application, in duplicate, for

permission to create or extend such district as the case may be. Such

application shall be executed and verified by the supervisor, or by such

other officer of the town as the town board shall determine, and shall

include the following:

(1) A certified copy of the petition, if there is one, omitting,

however, the signatures and acknowledgments or proofs, or

authentications.

(2) An itemized statement of the existing indebtedness of the town,

both temporary and bonded, including the indebtedness of the town for

all special district purposes.

(3) A statement of the aggregate assessed valuation of the taxable

real property situated in the proposed district or extension thereof,

and, if there is a petition, of the portion thereof owned by resident

owners.

(b) Whenever such an application shall be filed in the office of the

department of audit and control, the state comptroller shall within five

days thereafter give notice thereof to the board of supervisors of the

county in which such proposed district or extension is located by filing

with the clerk of such board of supervisors one copy of such

application. At any time within fifteen days of the filing of the

application, said board of supervisors may file an objection, in

writing, in the office of said department of audit and control. In

addition, the state comptroller shall determine whether the public

interest will be served by the creation or extension of the district and

also whether the cost thereof will be an undue burden upon the property

of the proposed district or extension. The state comptroller may make

such determinations upon the original or any amended application, or in

his discretion may require the submission of additional information or

data in such form and detail as he shall deem sufficient, or may cause

an investigation to be made, to aid him in making the determinations

above mentioned.

3. Upon the expiration of fifteen days from the date of the filing of

such application with the clerk of the board of supervisors and upon

reaching a determination, the comptroller shall make an order, in

duplicate, granting or denying permission for the creation or extension

of the district and shall file one copy of such order in the office of

the state department of audit and control at Albany, New York, and the

other in the office of the town clerk of the town in which the proposed

district or extension is located. The town clerk shall present such

order to the town board of the town at the next meeting thereof.

4. If the state comptroller shall deny permission for the creation or

extension of the district, the town board shall forthwith adopt an order

denying the petition. If the state comptroller shall grant permission

therefor or if permission of the state comptroller is not required, the

town board may adopt an order establishing the district or extension as

the boundaries shall be finally determined. The town clerk shall cause

certified copies of its resolution and such order to be duly recorded in

the office of the clerk of the county or counties in which such fire

district is located. When so recorded such resolution and order shall be

presumptive evidence of the regularity of the establishment or extension

of such district. The expense of such recording shall be a charge

against the district. The said determination shall be final and

conclusive unless a proceeding for review in the manner provided by

article seventy-eight of the civil practice law and rules has been

commenced within thirty days from the time of the recording thereof.

Within ten days after the adoption of such order by the town board,

establishing the district or extension, the town clerk shall cause a

certified copy of such order to be filed in the office of the state

department of audit and control at Albany, New York.

5. If the petition for the establishment of a fire district shall

provide for the dissolution of an existing coterminous water supply

district having no bonded indebtedness, then upon the establishment of

the fire district the district so established shall assume and pay all

the liabilities and indebtedness of the water supply district so

dissolved.