Authorizes the town of Somerset, Niagara county to extend the boundaries of the Somerset fire protection district to encompass the village of Barker upon the abolishment of the fire department of the village of Barker pursuant to a resolution of such village board.
Ayes (58): Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Ball
Excused (2): Dilan, Espaillat
TITLE OF BILL: An act authorizing the town of Somerset to extend the town of Somerset-Somerset Fire Protection District into the village of Barker
Authorizes the town of Somerset to extend the Somerset fire protection district into the village of Barker.
SUMMARY OF PROVISIONS:
Section 1- Provides for action by the town of Somerset to abolish the village of Barker fire department, and by the town of Somerset to extend the Somerset Fire Protection District to include the village of Barker.
Section 2- Authorizes the town of Somerset to contract, as provided by section 184 of the town law, for protective services in the extended fire protection district.
Section 3- The corporate existence of the "Barker Fire Department, Inc." is continued under the control of the town of Somerset.
Section 4- The town of Somerset shall use the existing procedures in sections 170(2) and 173(1) of the town law for adoption of the resolution to extend the district.
Section 5- Contains the effective date.
The respective boards of the town of Somerset and the village of Barker have requested this legislation to provide for a change in governance of the Barker Fire Department, Inc. The bill will authorize the town of Somerset's fire protection district to be extended to include the entire village of Barker, and the existing village-run fire department to transfer to the jurisdiction of the town.
The structural changes to the organization and oversight of the Barker Fire Department, Inc. authorized by this measure shall require approval by the village of Barker and the town of Somerset.
None to the State.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6521 IN SENATE January 31, 2014 ___________Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT authorizing the town of Somerset to extend the town of Somerset- Somerset Fire Protection District into the village of Barker 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 with the effective date of the resolution adopted pursuant to section 10-1020 of the village law abolishing the fire department in the village of Barker, Niagara county, the town board of the town of Somerset, Niagara county, in accordance with the proce- dures set forth in subdivision 2 of section 170 of the town law, shall have the power to extend the town of Somerset - Somerset Fire Protection District, located in the town of Somerset to include and encompass the enter corporate limits of the village of Barker in such town. S 2. Upon the completion by the town of Somerset of the proceedings authorized by section one of this act, the fire protection district in the town as extended shall be a fire protection district governed by the provisions of section 184 of the town law, and the town board of the town shall have all of the powers and duties vested in and imposed on town boards by section 184 of the town law, and shall be subject to all of the limitations, procedures and restrictions set forth in such section. S 3. On and after the completion of the proceedings authorized by section one of this act, the not-for-profit fire corporation incorpo- rated as the "Barker Fire Department, Inc." shall maintain its corporate existence and may continue to maintain apparatus, appliances and facili- ties within the village of Barker for the furnishing of fire protection. Such continued presence in the village of Barker 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 pursu- ant to paragraph (e) of section 1402 of the not-for-profit corporation law, provided, however, that for purposes of paragraph (e) of sectionEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13752-01-4 S. 6521 2
1402 of the not-for-profit corporation law, the fire corporation shall be under the control of the town of Somerset. S 4. The completion by the town of Somerset 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 protection district as required by subdivision 2 of section 170 of the town law, provided, however, that nothing herein shall be construed as relieving the town from complying with the provisions of subdivision 1 of section 173 of the town law. S 5. This act shall take effect immediately.