Bill S6162A-2013

Authorizes the town of Mohawk to extend the Town of Mohawk Fire District into the village of Fonda

Authorizes the town of Mohawk to extend the Town of Mohawk Fire District into the village of Fonda.

Details

Actions

  • Jun 18, 2014: SUBSTITUTED BY A8305A
  • Jun 18, 2014: ORDERED TO THIRD READING CAL.1488
  • Jun 18, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 22, 2014: PRINT NUMBER 6162A
  • Jan 22, 2014: AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT

Meetings

Votes

Memo

BILL NUMBER:S6162A

TITLE OF BILL: An act to authorize the town of Mohawk to extend the Town of Mohawk Fire District into the village of Fonda

PURPOSE:

With the dissolution of the Fonda Village Fire Department within the last year, the Mohawk Fire District has agreed to provide fire protection services to the Village of Fonda. Since April 2013, Mohawk has been providing that service to the Village of Fonda through a contract.

SUMMARY OF PROVISIONS:

Section 1. Grants the Town of Mohawk in Montgomery County the authority to extend the Fire District to include and encompass the Village of Fonda, not withstanding any contrary provisions the NYS Town Law.

Section 2. Establishes, upon completion of the act of the Mohawk Town Board, that the Mohawk Fire District is extended and governed by article 11 of the Town Law, will all powers and duties as conferred by that section.

Section 3. Allows the corporation known as the "Town of Mohawk Fire Department Inc." to continue to operate, and expand its operations into the Village of Fonda.

Section 4. States that the expansion and appurtenant activities are deemed complete when the Town of Mohawk adopts a resolution extending the fire protection district, in compliance with subdivision 2 of section 170 of the NYS Town Law.

Section 5. Effective date - Immediate.

JUSTIFICATION:

The Village of Fonda has already voted to dissolve its fire department. Due to decreasing membership and the inability to afford the maintenance and improvement of fire fighting apparatus, the Village has reached an agreement with the Mohawk Fire District to provider coverage. Currently provided through a contractual arrangement, this legislation would allow the Mohawk Fire District to encompass the Village of Fonda.

LEGISLATIVE HISTORY:

2014: (pre-filed) New bill.

FISCAL IMPLICATIONS:

None anticipated.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6162--A IN SENATE (PREFILED) January 8, 2014 ___________
Introduced by Sen. TKACZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to authorize the town of Mohawk to extend the Town of Mohawk Fire District into the village of Fonda 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 upon the effective date of a resolution adopted by the board of trustees of the village of Fonda, in the county of Mont- gomery, pursuant to section 10-1020 of the village law abolishing the fire department in such village, the town board of the town of Mohawk, in accordance with the procedures set forth in subdivision 2 of section 170 of the town law, shall have the power to extend the Town of Mohawk Fire District, located in the town of Mohawk to include and encompass the entire corporate limits of the village of Fonda in such town. S 2. Upon the completion by the town of Mohawk of the proceedings authorized by section one of this act, the Town of Mohawk Fire District in the town as extended shall be a fire district governed by the provisions of article 11 of the town law, and the board of fire commis- sioners of such fire district shall have all of the powers and duties vested in and imposed on boards of fire commissioners by article 11 of the town law, and shall be subject to all of the limitations, procedures and restrictions set forth in such article. S 3. On and after the completion of the proceedings authorized by section one of this act, the district corporation established as the "Town of Mohawk Fire District" shall maintain its district corporate status and may continue to maintain apparatus, appliances and facilities within the village of Fonda for the furnishing of fire protection. Such continued presence in the village of Fonda shall not render such district corporation to be the fire department of such village, nor
shall it render such district corporation to be under the control of the village authorities. S 4. The completion by the town of Mohawk 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 district as required by subdivision 2 of section 170 of the town law; provided, however, that nothing in this act shall be construed as relieving the town of Mohawk from comply- ing with the provisions of subdivision 1 of section 173 of the town law. S 5. This act shall take effect immediately.

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