§ 189-A — Procedure

New York § 189-A

• Jurisdiction: New York
• Law TWN: Town
• Art. 11-A: Joint Fire Districts In Towns and Villages

Text

§ 189-a. Procedure. 1. The town board of a town or the town boards of\nmore than one town, and the board of trustees of an incorporated village\nor the boards of trustees of more than one incorporated village, as\ndefined in the village law, located in said town or towns are hereby\nauthorized to establish in such town or towns and village or villages a\njoint fire district for the purposes hereinafter stated and in the\nmanner hereinafter provided, provided all of the territory in such joint\nfire district shall be contiguous.\n 2. (a) Whenever it shall appear to the participating municipalities to\nbe in the public interest, the town board of such town and the board of\ntrustees of such village shall hold a joint meeting at one location\nwithin the proposed joint district for the purpose of jointly proposing\nthe establishment of a joint fire district.\n (b) If at such joint meeting it is determined by a majority vote of\neach board to make such proposal, each such board shall, within thirty\ndays thereafter, hold a joint public hearing at one location within the\nproposed joint district upon such proposal and shall cause notice of\nsuch public hearing to be published in a newspaper having general\ncirculation in such town and village, at least once, and posted in five\npublic conspicuous places in the town outside such village and in five\npublic conspicuous places in the village, not less than ten days before\nthe date of the hearing. In the event that the district maintains a\nwebsite, one of the posting requirements may be fulfilled by posting\nsuch information on the website. Notice of such hearing also shall be\nserved by such clerk upon the members of the town board and the members\nof the board of trustees of the village, by mail addressed to such\nmembers at their last known post office addresses, at least ten days\nbefore the date of the hearing. Such notice shall contain a brief\ndescription of the boundaries of the proposed joint fire district and of\nthe objects and purposes for which it is proposed that a new district be\ncreated, and shall specify the single time when and place where such\ntown and village boards will jointly meet to consider the proposal and\nto hear all persons interested in the establishment of the district. If,\nupon the establishment of a joint fire district, the joint fire district\nwould become the sponsor of a service award program pursuant to section\ntwo hundred sixteen-b of the general municipal law, the notice of\nhearing shall so specify and contain a statement of the estimated annual\ncost of the service award program to the joint fire district; provided,\nhowever, that if, upon the establishment of a joint fire district, the\njoint fire district would become the sponsor of a service award program\npursuant to section two hundred sixteen-b of the general municipal law,\nthe resolutions establishing the district shall be submitted to\nreferendum in each such town and village in the manner provided by\narticle seven of this chapter or article nine of the village law,\nrespectively.\n (c) After such hearing, and upon evidence given thereat, and after\nconsidering the objections, if any, the town board of such town and the\nboard of trustees of such village shall determine whether it is or is\nnot in the public interest to establish such joint fire district, and,\nif it is determined to be in the public interest, subject to permissive\nreferendum, such town board and board of trustees shall, by resolution,\nduly adopted by a majority of each board, establish such joint fire\ndistrict; provided, however, that if, upon the establishment of a joint\nfire district, the joint fire district would become the sponsor of a\nservice award program pursuant to section two hundred sixteen-b of the\ngeneral municipal law, the resolutions establishing the district shall\nbe submitted to referendum in each such town and village in the manner\nprovided by article seven of this chapter or article nine of the village\nlaw, respectively.\n (d) In all respects the provisions of article eleven of this chapter,\nnot inconsistent herewith, shall apply to the establishment, operation\nand management of any joint fire district provided for by this section.\n (e) In all respects the provisions of this article, not inconsistent\nherewith, shall apply to the operation and management of any joint fire\ndistrict heretofore established pursuant to the unconsolidated laws.\n 3. If, subsequent to the joint meeting for the establishment of a\njoint fire district as provided in subdivision two of this section and\nbefore the establishment of such district, it is desired to include in\nsuch proposed district any portion of the territory of an adjoining\ntown, the procedure shall be as follows:\n (a) The town board of the town or towns and the board or boards of\ntrustees of the villages which held such joint meeting and the town\nboard of each adjoining town may hold a joint meeting for the purpose of\njointly proposing the inclusion of the territory of such adjoining town\nin the proposed joint fire district.\n (b) If at such meeting it is determined by a majority vote of each\nboard to make such proposal, each such board shall, within thirty days\nthereafter, hold a joint public hearing upon such proposal and shall\ncause notice of such public hearing to be published in a newspaper\nhaving general circulation in each such town and village, at least once,\nand posted in five public conspicuous places in each such town outside\neach such village and in five public conspicuous places in each such\nvillage, not less than ten days before the date of the hearing. Notice\nof such hearing also shall be served by such clerk upon the members of\nthe town board or boards and the members of the board of trustees of the\nvillage or villages, by mail addressed to such members at their last\nknown post office addresses, at least ten days before the date of the\nhearing. Such notice shall contain a brief description of the boundaries\nof the proposed joint fire district and of the objects and purposes for\nwhich it is proposed that a new district be created, and shall specify\nthe time when and place where such town and village boards will meet to\nconsider the proposal and to hear all persons interested in the\nestablishment of the district.\n (c) After such hearing, and upon evidence given thereat, and after\nconsidering the objections, if any, the town boards of such town and the\nboard of trustees of such villages, shall determine whether it is in the\npublic interest to establish such joint fire district and if it is\ndetermined to be in the public interest, subject to permissive\nreferendum, such town boards and boards of trustees shall by resolution,\nduly adopted by a majority of each board, establish such joint fire\ndistrict.\n (d) In all respects the provisions of article eleven of this chapter,\nnot inconsistent herewith, shall apply to the establishment and the\noperation and management of any joint fire district provided for by this\nsection.\n 4. Any joint fire district formed pursuant to the provisions of this\narticle may be extended from time to time to include contiguous\nterritory except contiguous territory in a city. The procedure for\nextending the district shall be as follows:\n (a) The town board of each town and the board of trustees of each\nvillage in which any portion of the district as proposed to be extended\nis located shall hold a joint meeting at one location for the purpose of\njointly proposing the extension of the district.\n (b) If at such meeting it is determined by a majority vote of each\nboard to make such proposal, each such board shall, within thirty days\nthereafter, hold a joint public hearing at one location upon such\nproposal and shall cause notice of such public hearing to be published\nin a newspaper having general circulation in each affected town and\nvillage, at least once, and posted in five public conspicuous places in\neach affected town outside any affected village and in five public\nconspicuous places in each affected village, not less than ten days\nbefore the date of the hearing. Notice of such hearing also shall be\nserved by such clerk upon the members of each town board and the members\nof each village board of trustees, by mail addressed to such members at\ntheir last known post office addresses, at least ten days before the\ndate of the hearing. Such notice shall contain a brief description of\nthe boundaries of the proposed extension of the joint fire district and\nof the objects and purposes for which it is proposed that the district\nbe extended and shall specify the single time when and place where such\ntown and village boards will jointly meet to consider the proposal and\nto hear all persons interested in the extension of the district. If,\nupon the extension of a joint fire district, the joint fire district\nwould become the sponsor of a service award program pursuant to section\ntwo hundred sixteen-b of the general municipal law, the notice of\nhearing shall so specify and contain a statement of the estimated annual\ncost of the service award program to the joint fire district; provided,\nhowever, that if, upon the extension of a joint fire district, the joint\nfire district would become the sponsor of a service award program\npursuant to section two hundred sixteen-b of the general municipal law,\nthe resolutions establishing the districts shall be submitted in each\nsuch town and village in the manner provided by article seven of this\nchapter or article nine of the village law, respectively.\n (c) After such hearing, and upon evidence given thereat, and after\nconsidering the objections, if any, the town board of each such affected\ntown and the board of trustees of each such affected village shall\ndetermine whether it is or is not in the public interest to extend such\njoint fire district, and, if it is determined to be in the public\ninterest, subject to permissive referendum, such town board and board of\ntrustees shall, by resolution, duly adopted by a majority of each board,\nextend such joint fire district; provided, however, that if, upon the\nextension of a joint fire district, the joint fire district would become\nthe sponsor of a service award program pursuant to section two hundred\nsixteen-b of the general municipal law, the resolutions establishing the\ndistricts shall be submitted in each such town and village in the manner\nprovided by article seven of this chapter or article nine of the village\nlaw, respectively.\n (d) A signed or certified copy of the determination extending the\ndistrict shall be recorded in the office of the county clerk and, when\nso recorded, shall be presumptive evidence of the regularity and\nvalidity of the extension of the district and of the acts of the town\nboard or boards and village board or boards of trustees relating\nthereto. A review of such determination may be had in the manner\nprovided in section one hundred seventy-three of this chapter, except\nthat the undertaking for costs and expenses shall run to such town or\ntowns and village or villages and apply to the costs and expenses of\neach.\n (e) In all respects the provisions of article eleven of this chapter,\nnot inconsistent herewith, shall apply to the extension, operation and\nmanagement of any joint fire district provided for by this section.\n