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This entry was published on 2014-09-22
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SECTION 172-F
Resolution and hearing for diminution of fire district boundaries
Town (TWN) CHAPTER 62, ARTICLE 11
§ 172-f. Resolution and hearing for diminution of fire district
boundaries. 1. Irrespective of the manner of its original establishment,
whenever a board of fire commissioners resolves, by a two-thirds vote,
to diminish the boundaries of such fire district, so as to exclude
territory previously situate within such fire district, and after a
public hearing thereon, held jointly by the fire district and the town
in which such territory to be excluded is situate, the boundaries of
such fire district may be altered in accordance with such resolution.

2. Such resolution of proposed diminution shall be signed by
two-thirds of the members of the board of fire commissioners and shall
be acknowledged or approved in the same manner as a deed to be recorded.
The members of the board of fire commissioners shall jointly hold a
public hearing with the members of the town board in which such
territory is located and shall cause a notice thereof to be published at
least once in a newspaper having general circulation in the territory
affected. The first publication thereof shall be not less than ten days
nor more than twenty days before the day designated therein for the
hearing. Such notice shall specify the time when and the place where the
board of fire commissioners and the town board will meet to hear all
persons interested in the subject, and shall specify the territory
affected. Cost of publication shall be borne solely by the fire
district. Such notice shall also specify the area to be included in a
proposed fire protection district, which fire protection district shall
include the area of the fire district proposed to be excluded.

3. After a hearing held upon notice as hereinbefore provided and upon
the evidence given thereat, the board of fire commissioners and the town
board shall determine by resolution: (a) Whether all the property and
property owners within the area proposed to be excluded from the
district and included in the fire protection district are benefited
thereby;

(b) Whether all the property and property owners benefited are
included within the limits of the proposed fire protection district;

(c) Whether it is in the public interest to grant in whole or in part
the diminution of the district and the creation of the fire protection
district by the town board.

If the board of fire commissioners and the town board shall determine
that it is in the public interest to diminish the fire district and
create the fire protection district but shall find that any part or
portion of the property or property owners within the proposed area to
be excluded from the fire district are not benefited thereby or that
certain property or property owners benefited thereby have not been
included in the proposed fire protection district, the board of fire
commissioners and the town board shall specify the necessary changes of
the boundaries of the area to be excluded from the fire district and the
boundaries of the fire protection district in order that only such
property and property owners as are benefited, shall be included within
such proposed excluded area and within the fire protection district, and
the board of fire commissioners shall, together with the town board,
call a further hearing at a definite place and time not less than
fifteen nor more than twenty-five days after such determination. Notice
of such further hearing shall be published in the manner provided in
this section except that such notice shall also specify the manner in
which it is proposed to alter the boundaries of the area to be excluded
and the boundaries of the fire protection district. Such further hearing
shall be conducted in the same manner as the original hearing. If, and
when, the board of fire commissioners and the town board shall determine
in the affirmative all of the questions set forth in this subdivision,
the board of fire commissioners may adopt a resolution approving the
diminution of the fire district and the town board may adopt a
resolution approving the establishment of the fire protection district,
all as the boundaries shall be finally determined.