Legislation

Search OpenLegislation Statutes

This entry was published on 2019-01-11
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 709
Annexation by a city of territory in fire, fire protection, or fire alarm districts; assumption of indebtedness; property rights
General Municipal (GMU) CHAPTER 24, ARTICLE 17
§ 709. Annexation by a city of territory in fire, fire protection, or
fire alarm districts; assumption of indebtedness; property rights. 1. If
an annexation of territory by a city includes the entire area of a fire
district, the city, as of the date of such annexation, shall become the
owner of all of the property and property rights of the fire district
and shall assume all of the indebtedness and contract or other
liabilities of the fire district, and shall furnish fire protection, and
other emergency service which would require the services of
firefighters, in the area so annexed in the same manner as in other
similar areas of the city.

2. If an annexation of territory by a city includes only a part of the
area of a fire district, the indebtedness and any contract or other
liabilities, and interest thereon, shall be a charge upon and shall be
paid by the city, as the same shall become due and payable, to the fire
district in the same proportion to the whole of any such indebtedness or
any such liability as the full valuation of the taxable real property of
the territory which is annexed bears to the full valuation of the
taxable real property of the fire district prior to the annexation. Such
full valuation shall be determined in the manner provided in subdivision
twenty-one-a of section 2.00 of the local finance law. If the fire
district owns any real property or rights in real property in the
territory which is annexed, the city may purchase any such property,
including any personal property used in connection therewith, from the
fire district for a fair and reasonable price to be agreed upon by the
governing boards of the city and the fire district and the board of
commissioners of the fire district shall have power to execute any
necessary instruments in relation thereto. Any such sale shall not be
subject to approval at a fire district election. If such real property
is a firehouse owned by the fire district, the city shall be required to
purchase such real property and any rights in real property appurtenant
thereto from the fire district. If the governing boards of the city and
the fire district cannot agree on a fair and reasonable price therefor,
the city shall proceed to acquire such real property and any such rights
by condemnation in the same manner as if the property was owned by an
individual. The city shall furnish fire protection, and other emergency
service which would require the services of firefighters, in the area so
annexed in the same manner as in other similar areas of the city.

3. If an annexation of territory of a city includes the entire area of
a fire protection district or of a fire alarm district, the city shall
furnish fire protection, and other emergency service which would require
the services of firefighters, in the area so annexed in the same manner
as in other similar areas of the city.

4. If an annexation of territory to a city includes only a part of the
area of a fire district, a fire protection district or a fire alarm
district, the governing boards of the city, the fire district and of the
town, as the case may be, shall provide for the carrying out and
fulfillment of any contract for the furnishing of fire protection to the
area of such fire district, fire protection district or fire alarm
district which is outside the city.