S T A T E O F N E W Y O R K
I N S E N A T E
January 31, 2014
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
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:
Section 1. Notwithstanding any contrary provisions of article 11 of
the town law, commencing with the effective date of the resolution
adopted pursuant to section 10-1020 of the village law abolishing the
fire department in the village of Barker, Niagara county, the town board
of the town of Somerset, Niagara county, in accordance with the proce-
dures set forth in subdivision 2 of section 170 of the town law, shall
have the power to extend the town of Somerset - Somerset Fire Protection
District, located in the town of Somerset to include and encompass the
enter corporate limits of the village of Barker in such town.
S 2. Upon the completion by the town of Somerset of the proceedings
authorized by section one of this act, the fire protection district in
the town as extended shall be a fire protection district governed by the
provisions of section 184 of the town law, and the town board of the
town shall have all of the powers and duties vested in and imposed on
town boards by section 184 of the town law, and shall be subject to all
of the limitations, procedures and restrictions set forth in such
S 3. On and after the completion of the proceedings authorized by
section one of this act, the not-for-profit fire corporation incorpo-
rated as the "Barker Fire Department, Inc." shall maintain its corporate
existence and may continue to maintain apparatus, appliances and facili-
ties within the village of Barker for the furnishing of fire protection.
Such continued presence in the village of Barker shall not render the
fire corporation the fire department of the village, nor shall it render
the fire corporation under the control of the village authorities pursu-
ant to paragraph (e) of section 1402 of the not-for-profit corporation
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.
S. 6521 2
1402 of the not-for-profit corporation law, the fire corporation shall
be under the control of the town of Somerset.
S 4. The completion by the town of Somerset 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 protection district as required by
subdivision 2 of section 170 of the town law, provided, however, that
nothing herein shall be construed as relieving the town from complying
with the provisions of subdivision 1 of section 173 of the town law.
S 5. This act shall take effect immediately.