Bill Text: NY A09111 | 2013-2014 | General Assembly | Amended


Bill Title: Extends the boundary of the Middletown-Hardenburgh fire district to include the territorial boundaries of the village of Margaretville for the purposes of fire protection.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-06-19 - substituted by s6408c [A09111 Detail]

Download: New_York-2013-A09111-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9111--A
                                 I N  A S S E M B L Y
                                    March 17, 2014
                                      ___________
       Introduced by M. of A. P. LOPEZ, TENNEY -- read once and referred to the
         Committee  on Local Governments -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to authorize the Middletown-Hardenburgh fire district  to  extend
         the fire district into the village of Margaretville
         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 upon the effective date of a resolution adopted
    3  pursuant  to  section  10-1020  of  the  village law abolishing the fire
    4  department in the village of Margaretville, Delaware  County,  the  town
    5  boards  of Middletown and Hardenburgh, in the county of Delaware, pursu-
    6  ant to subdivision 2 of section 170  of  the  town  law  governing  fire
    7  districts,  the  boundary  of  the  Middletown-Hardenburgh fire district
    8  shall be extended to include the territorial boundaries of  the  village
    9  of Margaretville for the purposes of fire protection.
   10    S  2. Upon the completion by the town boards of Middletown and Harden-
   11  burgh of the proceedings authorized by section one of this act, the fire
   12  protection district in the town as extended shall  be  governed  by  the
   13  provisions  of  section  184 of the town law, and the Middletown-Harden-
   14  burgh fire district shall continue to have all of  the  powers,  duties,
   15  and responsibilities vested in and imposed on town boards by section 184
   16  of  the town law, and shall be subject to all of the limitations, proce-
   17  dures, and restrictions set forth in such section.
   18    S 3. On and after the completion of proceedings authorized by  section
   19  one of this act, the not-for-profit fire corporation incorporated as the
   20  "Margaretville  Volunteer  Fire  Department,  Inc."   shall maintain its
   21  corporate existence and continue to maintain apparatus,  appliances  and
   22  facilities  within  the  village  of  Margaretville as it did before the
   23  enactment of this act. Such continued presence in the village of Margar-
   24  etville shall not render the fire corporation the fire department of the
   25  village, nor shall it render the fire corporation under the  control  of
   26  the village authorities pursuant to paragraph (e) of section 1402 of the
   27  not-for-profit  corporation law, provided, however, that for purposes of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13362-08-4
       A. 9111--A                          2
    1  paragraph (e) of section 1402 of the not-for-profit corporation law, the
    2  fire corporation shall be under the control of the towns of  Hardenburgh
    3  and Middletown.
    4    S  4.  The  towns  of Hardenburgh and Middletown, village of Margaret-
    5  ville, and the Middletown-Hardenburgh fire district shall use the exist-
    6  ing procedures of section 170 of the town law for adoption of the resol-
    7  utions to extend  the  Middletown-Hardenburgh  fire  district  into  the
    8  village of Margaretville.
    9    S 5. This act shall take effect immediately.
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