Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
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 186
Savings clause
Town (TWN) CHAPTER 62, ARTICLE 11
§ 186. Savings clause. 1. Except as otherwise provided by law, fire
districts now existing shall continue to exist as now established,
subject to the provisions of this chapter. Except as hereinafter
provided no fire district officers shall be appointed or elected as
successors to such officers holding office at the time this article
shall take effect.

2. Nothing herein contained shall be construed to require the election
of fire district commissioners or a fire district treasurer in any water
district, highway district, town fire district, water supply district or
school district in which fire protection was provided on June first,
nineteen hundred thirty-three, pursuant to the provisions of article
fourteen of chapter sixty-three of the laws of nineteen hundred nine,
entitled "An act relating to towns, constituting chapter sixty-two of
the consolidated laws," and acts amendatory thereof and supplemental
thereto, if there were no fire district commissioners in or for such
district on the said first day of June, nineteen hundred thirty-three;
but in each town fire district established pursuant to the provisions of
chapter two hundred twenty-six of the laws of nineteen hundred sixteen,
in which there were town fire commissioners on the first day of June,
nineteen hundred thirty-three, five fire district commissioners but no
treasurer shall be elected on the fifth day of December, nineteen
hundred thirty-three, upon the notice, in the manner and for the terms
specified in this section for election of fire district commissioners on
such date, and one commissioner shall be elected annually thereafter in
the manner provided in this article. The fire district commissioner so
elected shall have and may exercise all the powers conferred by this
chapter or any other law upon the commissioners of fire districts but
the supervisor of the town shall act as the treasurer and the town clerk
as secretary of such fire district; provided, however, that in any such
town fire district the fire district commissioners may submit at a
special fire district election held prior to the first day of October in
any year, or at any annual fire district election, the proposition
"Shall the fire district treasurer be elected and the fire district
secretary be appointed?" If a majority of the votes cast on such
proposition submitted as herein provided be in the affirmative, a fire
district treasurer shall be elected at the next annual fire district
election and a fire district secretary shall thereafter be appointed, as
provided in this article. The terms of office of such fire district
treasurer and such fire district secretary shall commence on the first
day of January next succeeding the date of such annual election. In a
town fire district established pursuant to the provisions of chapter two
hundred twenty-six of the laws of nineteen hundred sixteen in which
there were no town fire commissioners on June first, nineteen hundred
thirty-three, the town board shall have and may exercise all the powers
conferred upon fire district commissions pursuant to this chapter or any
other law except that the supervisor of the town shall act as treasurer
of the district and chairman of the commission and the town clerk shall
act as secretary thereof. The supervisor whenever acting as treasurer of
the fire district shall not be required to give the additional
undertaking provided in subdivision four of section one hundred
seventy-six but the undertaking executed pursuant to section twenty-five
of this chapter shall include and cover the moneys and property of the
fire district coming into his hands as treasurer.

3. Every incorporated fire company, and every town fire company
established and existing on June first, nineteen hundred thirty-three,
pursuant to sections three hundred ten, three hundred eleven and three
hundred twelve of article fourteen of chapter sixty-three of the laws of
nineteen hundred nine, entitled "An act relating to towns, constituting
chapter sixty-two of the consolidated laws," and acts amendatory thereof
and supplemental thereto, which shall have its headquarters in any water
district, water supply district, or highway district, and providing fire
protection in such district on the first day of June, nineteen hundred
thirty-three, shall continue to exist and may provide fire protection in
such districts or any of them, and each such district shall constitute a
fire protection district and be subject to all of the provisions of this
chapter relating to fire protection districts, so far as the same do not
conflict with the provisions of this subdivision. However, any water
district, governed by district commissioners, providing fire protection
pursuant to this subdivision shall constitute and be a fire district,
with all powers and limitations of a fire district so far as the same do
not conflict with the provisions of this subdivision. The town board of
the town in which any such district is located may contract with any
such incorporated fire company or town fire company for the furnishing
of fire protection within such district and the amount of any such
contract shall be assessed and levied upon the taxable property in such
district and collected in the same manner as town charges are assessed,
levied and collected. The funds so collected shall be paid by the
collector to the supervisor of the town who shall apply the same in
payment of the amount of such contract. The board of water
commissioners, in the case of water districts to which the provisions of
article thirteen of this chapter apply, or the town board of the town in
the case of the other districts hereinbefore specified, shall have and
may exercise any and all of the powers and duties of fire district
commissioners as provided in subdivisions nine to twenty-five inclusive
of section one hundred seventy-six of this chapter, and may purchase,
equip and operate an ambulance for the benefit of the residents of the
district and may, upon its own motion and shall, upon petition, cause to
be submitted at a special or annual district election a proposition in
the manner and for any of the purposes specified in section one hundred
seventy-nine of this chapter. The board of water commissioners, if there
be any, in the case of water districts, and the town board in the case
of other districts shall annually prepare and file with the supervisor
and town clerk of each town in which such district is located, an
itemized and verified statement of the amount of moneys necessary to be
raised in such district for fire purposes and the amount thereof shall
be assessed and levied on the taxable property of such district, and
collected, all in the manner provided in section one hundred eighty-one
of this chapter. An annual financial statement setting forth in detail
the receipts and expenditures of such district for fire purposes shall
be filed by the board of water commissioners, if there be any, in the
case of water districts and by the town board, in the case of all other
districts, in the manner provided in section one hundred eighty-one.

4. Nothing herein contained shall affect or impair the validity or
restrict the exercise of any power or limit the obligation or liability
conferred or imposed by law upon any now existing fire district or the
officers thereof or the qualified voters or electors thereof, except to
the extent specified in this chapter.