N.Y. Town Law Section 179
Special district elections to vote upon appropriations


The board of fire commissioners upon its own motion may submit, and upon petition, as hereinafter provided, shall cause to be submitted, at a special or annual fire district election, a proposition:

1.

(a) To purchase fire apparatus and fire-fighting vehicles for the extinguishment or prevention of fires in said fire district, or motorized equipment for emergency relief squads or fire police squads.

(b)

To purchase or install an adequate fire alarm system for the fire district, or to make necessary additions thereto.

(c)

To lease, purchase, construct, reconstruct, alter, repair or equip suitable buildings for the preservation, protection and storing of vehicles, apparatus and equipment of the fire district and for the social and recreational use of the firefighters and residents of the district, and purchase the necessary lands therefor.

(d)

To expend in any one fiscal year, or to expend annually, an amount in excess of the amount authorized by subdivision eighteen of § 176 (Powers and duties of fire district commissioners)section one hundred seventy-six of this chapter, as amended from time to time, to be expended annually without the adoption of a proposition therefor for any of the purposes authorized by the provisions of this article. If the proposition authorizes an annual expenditure, it shall state a maximum amount which may be expended annually in excess of the amount authorized by subdivision eighteen of § 176 (Powers and duties of fire district commissioners)section one hundred seventy-six of this chapter, as amended from time to time, and such amount may not be exceeded thereafter unless authorized at a fire district election. If a proposition authorizes an annual expenditure, the authorization shall continue in effect until changed by vote of a district election.

(e)

To purchase permanent or temporary rights to take water from cisterns, wells and bodies of water and water-courses within the fire district for the purposes, and subject to the limitations, set forth in subdivision twelve-a of § 176 (Powers and duties of fire district commissioners)section one hundred seventy-six of this chapter.

(f)

To purchase or construct fire suction pools in bodies of water and water-courses, fire cisterns and fire wells, including necessary pipes, pumps, hydrants and other facilities in connection therewith, and to purchase and lease necessary real property and rights in land and water therefor, for the purposes, and subject to the limitations, set forth in subdivision twelve-a of § 176 (Powers and duties of fire district commissioners)section one hundred seventy-six of this chapter.

2.

Any sum authorized to be expended, pursuant to subdivision one of this section, shall be raised by tax and shall be spent only during the fiscal year for which such tax is to be levied but nothing contained in this section shall be construed to prevent the financing in whole or in part, pursuant to the local finance law, of expenditures pursuant to § 176 (Powers and duties of fire district commissioners)section one hundred seventy-six of this chapter. If the proposition is approved at an election held in any fiscal year after September twentieth, or after October twentieth in the case of fire districts located wholly within the county of Westchester, the proposition shall not become effective for the purpose of levying taxes until the first day of September of the fiscal year succeeding the fiscal year in which such proposition is approved.

3.

Such petition shall be signed, and acknowledged or proved in the same manner as a deed to be recorded, or authenticated in the manner provided by the election law for authentication of nominating petitions, by resident taxpayers owning taxable real property aggregating at least one-quarter of the assessed valuation of all the taxable real property of the district owned by resident taxpayers, as such valuations appear upon the latest completed assessment roll of said town. Notice of such special district election shall be given in the same manner as provided herein for annual district elections. The special election shall be held on a Tuesday, provided that such date is not a public holiday, and shall be conducted and scheduled in a manner that maximizes voter participation. The polls shall remain open for the receipt of ballots from six o’clock in the evening to nine o’clock in the evening and such additional consecutive hours prior thereto as the board of fire commissioners may determine. The secretary of the fire commissioners shall prepare the ballots which shall separately state and number each proposition to be voted upon.

4.

Every elector of the town who shall be a registered voter of the town and who shall have resided in the district for the period of thirty days next preceding a special or annual fire district election shall be qualified to vote upon such proposition.

Source: Section 179 — Special district elections to vote upon appropriations, https://www.­nysenate.­gov/legislation/laws/TWN/179 (updated Jan. 11, 2019; accessed Oct. 26, 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:
Oct. 26, 2024

Last modified:
Jan. 11, 2019

§ 179’s source at nysenate​.gov

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