§ 172-A — Alteration of boundaries of fire districts

§ 172-a. Alteration of boundaries of fire districts. 1. Irrespective\nof the manner of their original establishment, whenever two or more fire\ndistricts adjoin and the boards of fire commissioners of each fire\ndistrict affected have agreed by a written memorandum of proposed change\nto alter the boundaries of such fire districts, but not in such a manner\nas to include territory not previously situate within such fire\ndistricts, nor to exclude territory previously situate therein, and\nafter a public hearing thereon, held jointly by such fire districts, the\nboundaries of such fire districts may be altered in accordance with such\nmemorandum of proposed change, but not until such proposed change has\nbeen approved by the town board of the town in which such fire districts\nare located, or if located in two or more towns, by the town boards of\nsuch towns.\n 2. Such memorandum of proposed change shall be signed by a majority of\nthe members of the board of fire commissioners of each fire district and\nshall be acknowledged or proved in the same manner as a deed to be\nrecorded. The members of the board of fire commissioners of each\ndistrict affected shall jointly hold a public hearing upon such\nmemorandum of proposed change and shall cause a notice thereof to be\npublished at least once in a newspaper having general circulation in the\nterritory affected, the first publication thereof to be not less than\nten days nor more than twenty days before the day designated therein for\nthe hearing, and the secretary of the fire districts shall cause copies\nof such notice to be posted conspicuously in five public places in the\ndistrict at least ten days prior to the date of such public hearing. In\nthe event that the district maintains a website, one of the posting\nrequirements may be fulfilled by posting such information on the\nwebsite. Such notice shall specify the time when and the place where the\nboards of fire commissioners of the districts affected will meet to hear\nall persons interested in the subject concerning the same and shall\nspecify each district affected and shall state in general terms the\nmanner in which it is proposed to alter the boundaries thereof. Costs of\npublication shall be borne equally by each fire district affected.\n 3. After a hearing held upon notice as hereinbefore provided and upon\nthe evidence given thereat, the boards of fire commissioners of the\ndistricts affected shall determine by joint resolution:\n (a) Whether all the property and property owners within the districts\nare benefited by such change.\n (b) Whether all the property and property owners within the area of\nsuch boundary change are benefited thereby.\n (c) Whether it is in the public interest to grant the boundary line\nchanges as set forth in the memorandum of proposed change.\n If and when the boards of fire commissioners shall determine in the\naffirmative all of the questions set forth in this subdivision, the\nboards may adopt a resolution jointly approving the boundary line\nchanges. Such joint resolution and memorandum of proposed change shall\nbe filed with the town clerk of the town or towns in which such\ndistricts are wholly located and with the assessor of such town or\ntowns.\n 4. The proposed change of boundaries shall be deemed to have been\napproved pursuant to this section in the event that no action is taken\nby the town board or town boards, either approving or disapproving,\nwithin thirty days of receipt of the memorandum of proposed change by\nthe town clerk or clerks. If the town board or town boards approve such\nproposed change, such alteration of boundaries shall be deemed effective\nupon the date of such adoption. If the town board of any one of the two\nor more town boards in which the fire district is located disapprove\nsuch proposed change of boundaries, then, within ten days after the\nadoption of such resolution disapproving such change of boundaries the\ntown clerk of the town disapproving such change shall notify the fire\ndistricts involved. Any fire district believing itself aggrieved may\nwithin thirty days of receipt of notification commence an appropriate\nproceeding in the supreme court of the state of New York in accordance\nwith article seventy-eight of the civil practice law and rules, naming\nthe town board or town boards as respondents.\n 5. In the event that the boundaries of a district having indebtedness,\neither bonded or temporary, shall be altered pursuant hereto, such\ndistrict shall continue in law as it existed immediately prior to such\nchange of boundaries for the purpose of paying such indebtedness, and\nthere shall be annually assessed and levied upon and collected from the\ntaxable real property within such district as it existed immediately\nprior to such alteration of boundaries, in the same manner and at the\nsame time and by the same officers as town taxes are assessed, levied\nand collected, a sum sufficient to pay such indebtedness and interest\nthereon as the same shall become due. All and only the real property\nwithin the boundaries of the district as they exist after the alteration\nthereof shall be liable for the payment of indebtedness incurred for the\npurposes of such district after such alteration. For the purposes\nhereof, such alteration of boundaries shall be deemed effective upon the\nadoption by the boards of fire commissioners of the affected fire\ndistricts of the resolution providing therefor, unless such resolution\nshall specify some other date for such purpose, in which case such\nalteration shall be deemed effective upon the date so specified.\n