Bill Text: NY A10403 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the Wheatland-Scottsville Joint Fire District; provides for the dissolution of the town of Wheatland fire protection district located in the town of Wheatland, Monroe county, New York, and the establishment of the Wheatland-Scottsville joint fire district by the town board of the Town of Wheatland, and the board of trustees of the village of Scottsville, Monroe county.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-10-07 - print number 10403a [A10403 Detail]

Download: New_York-2019-A10403-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10403

                   IN ASSEMBLY

                                       May 4, 2020
                                       ___________

        Introduced by M. of A. BYRNES -- read once and referred to the Committee
          on Local Governments

        AN  ACT  in  relation  to the establishment of the Wheatland-Scottsville
          joint fire district

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Except as otherwise provided in this act, the dissolution
     2  of the town of Wheatland fire protection district located in the town of
     3  Wheatland, Monroe county, New York, the establishment of the  Wheatland-
     4  Scottsville  joint fire district by the town board of the town of Wheat-
     5  land, and the board of trustees of the village  of  Scottsville,  Monroe
     6  county,  and  all  actions taken in anticipation or as a result thereof,
     7  shall be governed, except as specifically excluded and excepted  herein,
     8  by  all  applicable  general, special and local laws, including, but not
     9  limited to the laws of the state of New York, including but not  limited
    10  to  the  town  law,  the village law, the general municipal law, and the
    11  local finance law.
    12    § 2. The notice of public hearing on the proposed establishment of the
    13  Wheatland-Scottsville joint fire district,  in  addition  to  any  other
    14  information  required by subdivision 2 of section 189-a of the town law,
    15  shall contain statements to the effect that upon  the  establishment  of
    16  the Wheatland-Scottsville joint fire district and the dissolution of the
    17  Wheatland fire protection district:
    18    (a)  the payment of principal and interest on any outstanding bonds or
    19  notes, leases or other obligations issued or assumed by  the  Wheatland-
    20  Scottsville  joint  fire district, shall be a charge on the taxable real
    21  property located in the Wheatland-Scottsville joint fire district;
    22    (b) any bond resolution adopted by the board of fire commissioners  of
    23  the Wheatland-Scottsville joint fire district, to authorize the issuance
    24  of  serial  bonds  in  an amount not to exceed $2,000,000 to finance the
    25  acquisition from the village of Scottsville of the village's  firehouse,
    26  the  land  on  which  the firehouse is situated, and the village's fire-
    27  fighting equipment, apparatus and communication equipment shall  not  be
    28  subject  to  a  mandatory referendum in accordance with section 38.00 of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16056-01-0
        A. 10403                            2

     1  the local finance law. Subsequent to the issuance of these serial  bonds
     2  for  these  specific purposes, any future borrowing by the fire district
     3  shall be in accordance with the applicable provisions of New York  state
     4  law; and
     5    (c) such additional information pertaining to the establishment of the
     6  Wheatland-Scottsville  joint fire district as the town board of the town
     7  of Wheatland, and the board of trustees of the village  of  Scottsville,
     8  collectively,  by a majority vote of each board, deem advisable. Each of
     9  the resolutions of the town board of the  town  of  Wheatland,  and  the
    10  board  of trustees of the village of Scottsville required by subdivision
    11  2 of section 189-a of the town law to  establish  the  Wheatland-Scotts-
    12  ville joint fire district shall be subject to a permissive referendum in
    13  the  portions of the town of Wheatland and the village of Scottsville to
    14  be included in the Wheatland-Scottsville joint fire district.
    15    § 3. Notwithstanding section 173 of the town law,  the  resolution  of
    16  the town board of the town of Wheatland and the board of trustees of the
    17  village  of  Scottsville adopted in accordance with section 189-a of the
    18  town law establishing  the  Wheatland-Scottsville  joint  fire  district
    19  shall not be subject to the approval of the state comptroller in accord-
    20  ance  with  section 173 of the town law and the town clerk shall cause a
    21  certified copy of such resolution to be duly filed in the office of  the
    22  clerk  of  Monroe county in accordance with subdivision 4 of section 173
    23  of the town law.
    24    § 4. Upon the completion of all proceedings required by section  189-a
    25  of  the  town  law  and section two of this act, to establish the Wheat-
    26  land-Scottsville joint fire district as of September 1,  2020,  and  the
    27  completion  of all proceedings required by section 189-e of the town law
    28  to provide for the management of the district by a board of fire commis-
    29  sioners elected as provided in article 11 of the town law,  the  initial
    30  appointments  to  the  board  of  commissioners required by such section
    31  189-e to be made as provided in subdivision 1 of section 174 of the town
    32  law may be made at any  time  prior  to  September  1,  2020,  but  such
    33  appointments shall terminate on December 31, 2020.
    34    §  5.  A bond resolution adopted by the board of fire commissioners of
    35  the Wheatland-Scottsville joint fire district  in  accordance  with  the
    36  local  finance law authorizing the issuance of bonds in an amount not to
    37  exceed $2,000,000 to finance the acquisition from the village of Scotts-
    38  ville of the village's firehouse, the land on  which  the  firehouse  is
    39  situated, and the village's firefighting equipment, apparatus and commu-
    40  nication  equipment  shall  become effective upon adoption by such board
    41  and not be subject to a mandatory referendum in accordance with  section
    42  38.00 of the local finance law.
    43    §  6.  (a) The village of Scottsville is hereby empowered and directed
    44  to transfer to the Wheatland-Scottsville joint fire district, the  unex-
    45  pended  and  encumbered  balance  of  the  appropriations  for  the fire
    46  protection purposes in the village's 2020-2021 budget, for  use  by  the
    47  Wheatland-Scottsville  joint  fire  district  for  any  lawful object or
    48  purpose of the district.
    49    (b) The town of Wheatland is hereby empowered and directed to transfer
    50  to the Wheatland-Scottsville joint fire district,  an  amount  equal  to
    51  4/12  of the unexpended and encumbered balance of the appropriations for
    52  the fire protection purposes in the town's 2020 budget, for use  by  the
    53  Wheatland-Scottsville  joint  fire  district  for  any  lawful object or
    54  purpose of the district.
    55    § 7. The Wheatland-Scottsville joint fire district is hereby empowered
    56  and may enter into one or  more  contracts  with  the  Scottsville  fire
        A. 10403                            3

     1  department,  Inc.  for the provision to all or any portion of the Wheat-
     2  land-Scottsville joint fire district for fire protection services, emer-
     3  gency services in case of accidents, calamities or other emergencies  in
     4  connection with which services of firefighters would be required, gener-
     5  al  ambulance  service,  or  any combination thereof. Except as provided
     6  herein, such contracts shall be entered into pursuant to,  and  governed
     7  by, subdivision 22 of section 176 of the town law and, as provided ther-
     8  ein, subject to the provisions of section 209-b of the general municipal
     9  law.
    10    § 8. This act shall take effect immediately.