S T A T E   O F   N E W   Y O R K
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                                  1172

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend chapter 324 of the laws of 2014 relating to  authorizing
  the  Middletown-Hardenburgh  fire district to extend the fire district
  into the village of Margaretville, in  relation  to  making  technical
  corrections thereto

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

  Section 1. Sections 1, 2 and 3 of chapter 324  of  the  laws  of  2014
relating  to  authorizing  the  Middletown-Hardenburgh  fire district to
extend the fire district into the village of Margaretville,  is  amended
to read as follows:
  Section  1.  Notwithstanding  any contrary provisions of article 11 of
the town law, commencing upon the effective date of a resolution adopted
pursuant to section 10-1020 of  the  village  law  abolishing  the  fire
department  in  the  village of Margaretville, Delaware County, the town
boards of Middletown and Hardenburgh, in the county of Delaware,  pursu-
ant  to  subdivision  2  of  section  170 of the town law governing fire
districts, SHALL HAVE THE POWER TO EXTEND the boundary  of  the  Middle-
town-Hardenburgh fire district [shall be extended] to include the terri-
torial  boundaries  of  the village of Margaretville for the purposes of
fire protection.
  S 2. Upon the completion by the town boards of Middletown and  Harden-
burgh of the proceedings authorized by section one of this act, the fire
protection  district  in  the  town as extended shall be governed by the
provisions of [section 184] ARTICLE 11 of the town law, and the  Middle-
town-Hardenburgh fire district shall continue to have all of the powers,
duties,  and  responsibilities  vested  in and imposed on town boards by
[section 184] ARTICLE 11 of the town law, and shall be subject to all of
the limitations, procedures, and restrictions set forth in such section.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06011-01-5

              

S. 1172                             2

  S 3. On and after the completion of proceedings authorized by  section
one of this act, the not-for-profit fire corporation incorporated as the
["Margaretville  Volunteer  Fire  Department, Inc."] "MIDDLETOWN-HARDEN-
BURGH FIRE DISTRICT" shall maintain its corporate existence and continue
to  maintain  apparatus, appliances and facilities within the village of
Margaretville as it did before the enactment of this act. Such continued
presence in the village of  Margaretville  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  pursuant
to  paragraph (e) of section 1402 of the not-for-profit corporation law,
provided, however, that for purposes of paragraph (e) of section 1402 of
the not-for-profit corporation law, the fire corporation shall be  under
the control of the towns of Hardenburgh and Middletown.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on the date that chapter 324  of  the
laws of 2014 took effect.