Bill Text: NY A08723 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes the town of Somerset, Niagara county to extend the boundaries of the Somerset fire protection district to encompass the village of Barker upon the abolishment of the fire department of the village of Barker pursuant to a resolution of such village board.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-19 - substituted by s6521 [A08723 Detail]

Download: New_York-2013-A08723-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8723
                                 I N  A S S E M B L Y
                                   February 5, 2014
                                      ___________
       Introduced by M. of A. CORWIN -- read once and referred to the Committee
         on Local Governments
       AN  ACT authorizing the town of Somerset to extend the town of Somerset-
         Somerset Fire Protection District into the village of Barker
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Notwithstanding  any contrary provisions of article 11 of
    2  the town law, commencing with  the  effective  date  of  the  resolution
    3  adopted  pursuant  to  section 10-1020 of the village law abolishing the
    4  fire department in the village of Barker, Niagara county, the town board
    5  of the town of Somerset, Niagara county, in accordance with  the  proce-
    6  dures  set  forth in subdivision 2 of section 170 of the town law, shall
    7  have the power to extend the town of Somerset - Somerset Fire Protection
    8  District, located in the town of Somerset to include and  encompass  the
    9  enter corporate limits of the village of Barker in such town.
   10    S  2.  Upon  the completion by the town of Somerset of the proceedings
   11  authorized by section one of this act, the fire protection  district  in
   12  the town as extended shall be a fire protection district governed by the
   13  provisions  of  section  184  of the town law, and the town board of the
   14  town shall have all of the powers and duties vested in  and  imposed  on
   15  town  boards by section 184 of the town law, and shall be subject to all
   16  of the limitations,  procedures  and  restrictions  set  forth  in  such
   17  section.
   18    S  3.  On  and  after  the completion of the proceedings authorized by
   19  section one of this act, the not-for-profit  fire  corporation  incorpo-
   20  rated as the "Barker Fire Department, Inc." shall maintain its corporate
   21  existence and may continue to maintain apparatus, appliances and facili-
   22  ties within the village of Barker for the furnishing of fire protection.
   23  Such  continued  presence  in the village of Barker shall not render the
   24  fire corporation the fire department of the village, nor shall it render
   25  the fire corporation under the control of the village authorities pursu-
   26  ant to paragraph (e) of section 1402 of the  not-for-profit  corporation
   27  law,  provided,  however,  that for purposes of paragraph (e) of section
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13752-01-4
       A. 8723                             2
    1  1402 of the not-for-profit corporation law, the fire  corporation  shall
    2  be under the control of the town of Somerset.
    3    S 4. The completion by the town of Somerset of the proceedings author-
    4  ized  by  section one of this act shall be deemed to occur when the town
    5  adopts a resolution extending a fire protection district as required  by
    6  subdivision  2  of  section 170 of the town law, provided, however, that
    7  nothing herein shall be construed as relieving the town  from  complying
    8  with the provisions of subdivision 1 of section 173 of the town law.
    9    S 5. This act shall take effect immediately.