§ 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\nfire alarm districts; assumption of indebtedness; property rights. 1. If\nan annexation of territory by a city includes the entire area of a fire\ndistrict, the city, as of the date of such annexation, shall become the\nowner of all of the property and property rights of the fire district\nand shall assume all of the indebtedness and contract or other\nliabilities of the fire district, and shall furnish fire protection, and\nother emergency service which would require the services of\nfirefighters, in the area so annexed in the same manner as in other\nsimilar areas of the city.\n 2. If an annexation of territory by a city includes only a part of the\narea of a fire district, the indebtedness and any contract or other\nliabilities, and interest thereon, shall be a charge upon and shall be\npaid by the city, as the same shall become due and payable, to the fire\ndistrict in the same proportion to the whole of any such indebtedness or\nany such liability as the full valuation of the taxable real property of\nthe territory which is annexed bears to the full valuation of the\ntaxable real property of the fire district prior to the annexation. Such\nfull valuation shall be determined in the manner provided in subdivision\ntwenty-one-a of section 2.00 of the local finance law. If the fire\ndistrict owns any real property or rights in real property in the\nterritory which is annexed, the city may purchase any such property,\nincluding any personal property used in connection therewith, from the\nfire district for a fair and reasonable price to be agreed upon by the\ngoverning boards of the city and the fire district and the board of\ncommissioners of the fire district shall have power to execute any\nnecessary instruments in relation thereto. Any such sale shall not be\nsubject to approval at a fire district election. If such real property\nis a firehouse owned by the fire district, the city shall be required to\npurchase such real property and any rights in real property appurtenant\nthereto from the fire district. If the governing boards of the city and\nthe fire district cannot agree on a fair and reasonable price therefor,\nthe city shall proceed to acquire such real property and any such rights\nby condemnation in the same manner as if the property was owned by an\nindividual. The city shall furnish fire protection, and other emergency\nservice which would require the services of firefighters, in the area so\nannexed in the same manner as in other similar areas of the city.\n 3. If an annexation of territory of a city includes the entire area of\na fire protection district or of a fire alarm district, the city shall\nfurnish fire protection, and other emergency service which would require\nthe services of firefighters, in the area so annexed in the same manner\nas in other similar areas of the city.\n 4. If an annexation of territory to a city includes only a part of the\narea of a fire district, a fire protection district or a fire alarm\ndistrict, the governing boards of the city, the fire district and of the\ntown, as the case may be, shall provide for the carrying out and\nfulfillment of any contract for the furnishing of fire protection to the\narea of such fire district, fire protection district or fire alarm\ndistrict which is outside the city.\n