senate Bill S6162A

Authorizes the town of Mohawk to extend the Town of Mohawk Fire District into the village of Fonda

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 22 / Jan / 2014
    • AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
  • 22 / Jan / 2014
    • PRINT NUMBER 6162A
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1488
  • 18 / Jun / 2014
    • SUBSTITUTED BY A8305A

Summary

Authorizes the town of Mohawk to extend the Town of Mohawk Fire District into the village of Fonda.

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Bill Details

See Assembly Version of this Bill:
A8305A
Versions:
S6162
S6162A
Legislative Cycle:
2013-2014
Law Section:
Fire Prevention

Sponsor Memo

BILL NUMBER:S6162A

TITLE OF BILL: An act to authorize the town of Mohawk to extend the
Town of Mohawk Fire District into the village of Fonda

PURPOSE:

With the dissolution of the Fonda Village Fire Department within the
last year, the Mohawk Fire District has agreed to provide fire
protection services to the Village of Fonda. Since April 2013, Mohawk
has been providing that service to the Village of Fonda through a
contract.

SUMMARY OF PROVISIONS:

Section 1. Grants the Town of Mohawk in Montgomery County the
authority to extend the Fire District to include and encompass the
Village of Fonda, not withstanding any contrary provisions the NYS
Town Law.

Section 2. Establishes, upon completion of the act of the Mohawk Town
Board, that the Mohawk Fire District is extended and governed by
article 11 of the Town Law, will all powers and duties as conferred by
that section.

Section 3. Allows the corporation known as the "Town of Mohawk Fire
Department Inc." to continue to operate, and expand its operations
into the Village of Fonda.

Section 4. States that the expansion and appurtenant activities are
deemed complete when the Town of Mohawk adopts a resolution extending
the fire protection district, in compliance with subdivision 2 of
section 170 of the NYS Town Law.

Section 5. Effective date - Immediate.

JUSTIFICATION:

The Village of Fonda has already voted to dissolve its fire
department. Due to decreasing membership and the inability to afford
the maintenance and improvement of fire fighting apparatus, the
Village has reached an agreement with the Mohawk Fire District to
provider coverage. Currently provided through a contractual
arrangement, this legislation would allow the Mohawk Fire District to
encompass the Village of Fonda.

LEGISLATIVE HISTORY:

2014: (pre-filed) New bill.

FISCAL IMPLICATIONS:

None anticipated.

EFFECTIVE DATE:

This act shall take effect immediately.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6162--A

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. TKACZYK -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to authorize the town of Mohawk to extend the Town of Mohawk Fire
  District into the village of Fonda

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Notwithstanding any contrary provisions of article 11 of
the town law, commencing upon the effective date of a resolution adopted
by the board of trustees of the village of Fonda, in the county of Mont-
gomery, pursuant to section 10-1020 of the village  law  abolishing  the
fire  department  in such village, the town board of the town of Mohawk,
in accordance with the procedures set forth in subdivision 2 of  section
170  of  the town law, shall have the power to extend the Town of Mohawk
Fire District, located in the town of Mohawk to  include  and  encompass
the entire corporate limits of the village of Fonda in such town.
  S  2.  Upon  the  completion  by the town of Mohawk of the proceedings
authorized by section one of this act, the Town of Mohawk Fire  District
in  the  town  as  extended  shall  be  a  fire district governed by the
provisions of article 11 of the town law, and the board of fire  commis-
sioners  of  such  fire district shall have all of the powers and duties
vested in and imposed on boards of fire commissioners by article  11  of
the town law, and shall be subject to all of the limitations, procedures
and restrictions set forth in such article.
  S  3.  On  and  after  the completion of the proceedings authorized by
section one of this act, the district  corporation  established  as  the
"Town  of  Mohawk  Fire  District" shall maintain its district corporate
status and may continue to maintain apparatus, appliances and facilities
within the village of Fonda for the furnishing of fire protection.  Such
continued  presence  in  the  village  of  Fonda  shall  not render such
district corporation to be the fire  department  of  such  village,  nor

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11791-02-4

S. 6162--A                          2

shall it render such district corporation to be under the control of the
village authorities.
  S  4.  The completion by the town of Mohawk of the proceedings author-
ized by section one of this act shall be deemed to occur when  the  town
adopts a resolution extending a fire district as required by subdivision
2  of  section  170  of the town law; provided, however, that nothing in
this act shall be construed as relieving the town of Mohawk from comply-
ing with the provisions of subdivision 1 of section 173 of the town law.
  S 5. This act shall take effect immediately.

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