§ 173 — Filing of determination

New York § 173

• Jurisdiction: New York
• Law TWN: Town
• Art. 11: Fire, Fire Alarm and Fire Protection Districts

Text

§ 173. Filing of determination. 1. Whenever the town board or boards\nshall adopt a resolution establishing or extending a fire alarm district\nor a fire protection district, or consolidating two or more adjoining\nfire districts or fire protection districts, or altering the boundaries\nof a fire district or fire protection district, or dissolving a fire\ndistrict, a fire alarm district or fire protection district, the town\nclerk or clerks shall cause a certified copy of such resolution to be\nduly recorded in the office of the clerk of the county or counties in\nwhich such fire district, fire alarm district, fire protection district,\nor consolidated or altered fire districts, or consolidated fire\nprotection districts, are located, and shall, within ten days cause a\ncertified copy of such resolution to be filed in the state department of\naudit and control at Albany, New York. When so recorded, such resolution\nshall be presumptive evidence of the regularity of the establishment,\nextension, consolidation, dissolution or alteration of such district or\ndistricts. The expense of such recording shall be a charge against the\ndistrict or districts. The said determination shall be final and\nconclusive unless a proceeding has been commenced for review in the\nmanner provided by article seventy-eight of the civil practice law and\nrules within thirty days from the time of recording thereof.\n 2. Whenever the town board or boards shall adopt a resolution\nestablishing or extending a fire district for which it is proposed that\nan expenditure is to be financed by the issuance of bonds, notes,\ncertificates or other evidences of indebtedness of the fire district,\nsuch resolution or determination shall be submitted to the state\ncomptroller for approval in the following manner:\n (a) Within ten days after the adoption of a resolution by a town board\napproving the establishment or extension of such a district, the town\nclerk of the town shall file a certified copy of such resolution, in\nduplicate, in the office of the state department of audit and control at\nAlbany, New York, together with an application, in duplicate, for\npermission to create or extend such district as the case may be. Such\napplication shall be executed and verified by the supervisor, or by such\nother officer of the town as the town board shall determine, and shall\ninclude the following:\n (1) A certified copy of the petition, if there is one, omitting,\nhowever, the signatures and acknowledgments or proofs, or\nauthentications.\n (2) An itemized statement of the existing indebtedness of the town,\nboth temporary and bonded, including the indebtedness of the town for\nall special district purposes.\n (3) A statement of the aggregate assessed valuation of the taxable\nreal property situated in the proposed district or extension thereof,\nand, if there is a petition, of the portion thereof owned by resident\nowners.\n (b) Whenever such an application shall be filed in the office of the\ndepartment of audit and control, the state comptroller shall within five\ndays thereafter give notice thereof to the board of supervisors of the\ncounty in which such proposed district or extension is located by filing\nwith the clerk of such board of supervisors one copy of such\napplication. At any time within fifteen days of the filing of the\napplication, said board of supervisors may file an objection, in\nwriting, in the office of said department of audit and control. In\naddition, the state comptroller shall determine whether the public\ninterest will be served by the creation or extension of the district and\nalso whether the cost thereof will be an undue burden upon the property\nof the proposed district or extension. The state comptroller may make\nsuch determinations upon the original or any amended application, or in\nhis discretion may require the submission of additional information or\ndata in such form and detail as he shall deem sufficient, or may cause\nan investigation to be made, to aid him in making the determinations\nabove mentioned.\n 3. Upon the expiration of fifteen days from the date of the filing of\nsuch application with the clerk of the board of supervisors and upon\nreaching a determination, the comptroller shall make an order, in\nduplicate, granting or denying permission for the creation or extension\nof the district and shall file one copy of such order in the office of\nthe state department of audit and control at Albany, New York, and the\nother in the office of the town clerk of the town in which the proposed\ndistrict or extension is located. The town clerk shall present such\norder to the town board of the town at the next meeting thereof.\n 4. If the state comptroller shall deny permission for the creation or\nextension of the district, the town board shall forthwith adopt an order\ndenying the petition. If the state comptroller shall grant permission\ntherefor or if permission of the state comptroller is not required, the\ntown board may adopt an order establishing the district or extension as\nthe boundaries shall be finally determined. The town clerk shall cause\ncertified copies of its resolution and such order to be duly recorded in\nthe office of the clerk of the county or counties in which such fire\ndistrict is located. When so recorded such resolution and order shall be\npresumptive evidence of the regularity of the establishment or extension\nof such district. The expense of such recording shall be a charge\nagainst the district. The said determination shall be final and\nconclusive unless a proceeding for review in the manner provided by\narticle seventy-eight of the civil practice law and rules has been\ncommenced within thirty days from the time of the recording thereof.\nWithin ten days after the adoption of such order by the town board,\nestablishing the district or extension, the town clerk shall cause a\ncertified copy of such order to be filed in the office of the state\ndepartment of audit and control at Albany, New York.\n 5. If the petition for the establishment of a fire district shall\nprovide for the dissolution of an existing coterminous water supply\ndistrict having no bonded indebtedness, then upon the establishment of\nthe fire district the district so established shall assume and pay all\nthe liabilities and indebtedness of the water supply district so\ndissolved.\n