N.Y. Town Law Section 172-G
Filing of determination


1.

Whenever the board of fire commissioners and the town board shall adopt a resolution diminishing the area of a fire district and including such area in a fire protection district, the town clerk shall cause a certified copy of such resolution to be duly recorded in the office of the clerk of the county in which such fire district and fire protection district 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 of the fire protection district and the diminution of the fire district. The expense of such recording shall be a charge against the fire district. The said determination shall be final and conclusive unless a proceeding has been commenced for a 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.

In the event that the boundaries of a fire district having indebtedness, either bonded or temporary, shall be diminished pursuant hereto, such district shall continue in law as it existed immediately prior to such change of boundaries for the purpose of paying such indebtedness, and there shall be annually assessed and levied upon and collected from the taxable real property within such district as it existed immediately prior to such diminution of its boundaries, and in the same manner and at the time and by the same officers as town taxes are assessed, levied and collected, a sum sufficient to pay such indebtedness and interest thereon as the same shall become due. All and only the real property within the diminished boundaries of the district as they exist after the diminution thereof shall be liable for the payment of indebtedness incurred for the purposes of such district after such diminution. For the purposes hereof, such diminution of boundaries shall be deemed effective upon the adoption by the town board of the resolution providing therefor, unless such resolution shall specify some other date for such purpose, in which case such diminution shall be deemed effective upon the date so specified.

Source: Section 172-G — Filing of determination, https://www.­nysenate.­gov/legislation/laws/TWN/172-G (updated Sep. 22, 2014; accessed Jul. 20, 2024).

170
Establishment and extension of fire, fire alarm and fire protection districts
171
Petition and hearing
172‑A
Alteration of boundaries of fire districts
172‑C
Alteration of boundaries of fire protection district
172‑E
Change of name of fire district
172‑F
Resolution and hearing for diminution of fire district boundaries
172‑G
Filing of determination
173
Filing of determination
174
Fire district officers
175
Election of fire district officers
175‑A
Registration for voters
175‑B
Absentee ballots for fire district elections
175‑C
Notice of hearings and elections
176
Powers and duties of fire district commissioners
176‑A
Duties of chief and assistant chiefs of fire department of fire district
176‑B
Volunteer members of fire district fire companies
176‑C
Removal of fire commissioners
176‑D
Funding of fire districts
176‑E
Training requirements for fire commissioners
177
Powers and duties of fire district treasurer
177‑B
Powers and duties of deputy fire district treasurers
177‑C
Powers and duties of the director of purchasing
178
Powers and duties of fire district secretary
178‑A
Expenses incurred in attending town and county officers training school
178‑B
Expenses of the association of fire districts of the state of New York
178‑C
Expenses of fire district officers, officials and employees
178‑D
Costs, expenses and damages a fire district charge in certain cases
179
Special district elections to vote upon appropriations
180
Actions and proceedings against fire districts
181
Annual budget and levy of taxes
181‑A
Budgetary controls
181‑B
Independent audit of fire districts
182
Effect of incorporation of village or city including lands within a fire district
183
Fire alarm districts
184
Fire protection districts
184‑A
Contract for water supply outside of fire districts
184‑C
Water supply outside of fire districts
186
Savings clause
187
Exclusion of a fire district from a water supply district
188
Use of surplus town moneys for purchase of fire apparatus for use in town fire districts
189
Fire inspection of property in contract areas

Accessed:
Jul. 20, 2024

Last modified:
Sep. 22, 2014

§ 172-G’s source at nysenate​.gov

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