State Codes and Statutes

Statutes > New-york > Twn > Article-11 > 184

§  184.  Fire  protection  districts. 1. Whenever the town board shall  have established or extended a fire protection district pursuant to  the  provisions  of  this  article,  the  town  board  shall  provide for the  furnishing of fire protection within the district and for  that  purpose  may  (a)  contract with any city, village, fire district or incorporated  fire company maintaining adequate and suitable apparatus and  appliances  for  the  furnishing  of  fire  protection  in  such district or (b) may  acquire by gift or purchase such apparatus and  appliances  for  use  in  such  district and may contract with any city, village, fire district or  incorporated fire company for operation, maintenance, and repair of  the  same  and  for  the  furnishing  of fire protection in such district, or  both. The contract may also provide for the furnishing of (1)  emergency  service  in  case  of  accidents,  calamities  or  other  emergencies in  connection with which the services of firefighters would be required and  (2) general ambulance service subject, however,  to  the  provisions  of  section  two  hundred  nine-b of the general municipal law. In the event  that the fire department or  fire  company  furnishing  fire  protection  within  the  district pursuant to contract does not maintain and operate  an ambulance then a separate contract may be  made  for  the  furnishing  within  the district of emergency ambulance service or general ambulance  service, or both, with any city,  village  or  fire  district  the  fire  department  of  which,  or  with an incorporated fire company having its  headquarters outside the  district  which,  maintains  and  operates  an  ambulance subject, however, in the case of general ambulance service, to  the  provisions  of  section two hundred nine-b of the general municipal  law, or with an ambulance service, certified or registered  pursuant  to  article  thirty  of  the public health law, which is not organized under  the provisions of section two hundred nine-b of  the  general  municipal  law.  Any such contract with any such ambulance service permitted herein  shall be subject to the provisions of this section.    2. The contract shall not be entered into until a public  hearing  has  been held by the town board. Notice of the hearing shall be published at  least  once  in at least one newspaper having general circulation in the  district. The notice shall specify the time when  and  place  where  the  hearing  will  be  held,  and  describe  in  general  terms the proposed  contract. The first publication shall be at least ten days prior to  the  day  specified  for  the hearing. Before any contract to furnish general  ambulance service by an ambulance service is entered  into  pursuant  to  this  section,  and  before  any  public  hearing is conducted as herein  provided, the consent of  such  ambulance  service  to  furnish  general  ambulance sevice shall be obtained. Such consent shall be evidenced by a  copy of a resolution certified by the secretary of a voluntary ambulance  service  or  the  chief  executive  officer  of a professional ambulance  service.    3. Except as provided in subdivision four of this section, the term of  the contract shall be for a definite period of time,  but  in  no  event  shall the term exceed five years. The contract year or years in all such  contracts  entered  into  after  the  year  nineteen hundred sixty shall  terminate on December thirty-first.    4. Instead of being for a definite term  as  provided  in  subdivision  three,  the contract may be for an original term of one calendar year or  less and provide that it shall be deemed renewed on the same basis  each  year thereafter for a further term of one full calendar year without any  further  public  hearing  unless  one  of  the contracting parties shall  notify the other in writing on or before the  twentieth  day  of  August  that  it  elects  to  terminate the contract on December thirty-first in  that year. The term of any such contract, including renewals, shall  not  exceed five years, but the contract may provide that there shall be lessthan  four  such  renewals.  If the city, village or fire district, fire  department or fire company which is to furnish the service under such  a  contract is not a fully paid department or company, the city, village or  fire  district  governing  board,  upon the request of the department or  company, shall terminate the contract as provided in  this  subdivision.  Any  such contract may provide that in the month of July of each year in  which such a renewal could occur the town clerk of the town in which the  fire protection district or the major portion thereof is  located  shall  notify  the  secretary of the fire department, fire company or ambulance  service which is to furnish the service  under  the  contract  that  the  contract  shall  be  deemed renewed on the same basis for a further full  term of one calendar year unless one of the  contracting  parties  shall  notify  the  other  in  writing on or before the twentieth day of August  that it elects to terminate the contract  on  December  thirty-first  in  such year.    5.  The contract shall specify a definite sum to be paid each year for  all of the services to be rendered thereunder.    6. The amount which is to be paid each year pursuant to  any  contract  entered  into  pursuant to the provisions of this section, together with  all other expenses necessarily incurred or occasioned by reason  of  the  establishment  or  extension  of  the fire protection district, shall be  assessed and levied upon  the  taxable  property  in  the  district  and  collected  in the same manner, at the same time and by the same officers  as town taxes are assessed, levied and collected  and,  when  collected,  the  amount  thereof  shall  be  paid to the supervisor of the town. The  supervisor shall pay to the city, village, fire  district,  incorporated  fire  company or ambulance service furnishing such service the amount to  be paid each year for the service in one sum or in installments  as  the  contract may provide.    7.  If  a fire protection district shall be situated partly in each of  two or more towns any action which would be taken by the town  board  in  the  case  of a district situated in only one town shall be taken by the  town boards of the several towns acting jointly by a  majority  vote  of  the  members  of  each  of  such  town  boards, and the notice of public  hearing required by this section shall be given by the  town  clerks  of  the several towns acting jointly.    8.  By  mutual  consent of the contracting parties, and after a public  hearing held pursuant to  notice  in  the  manner  aforesaid,  any  such  contract  heretofore  or  hereafter  executed  may  be  (1) amended, (2)  terminated, or (3) terminated and a new contract may be entered into  in  lieu thereof, if the town board, after such hearing, shall determine, by  resolution,  that  it  is  in  the public interest so to do. Such notice  shall state in general terms the reason why any existing contract is  to  be  amended  or  terminated, and if a new contract is to be entered into  the notice shall also describe the new contract in general terms.    9. The term "fire protection,"  as  used  in  this  section,  includes  inspections  of buildings and properties in the fire protection district  for the purposes specified  in  and  as  authorized  by  sections  eight  hundred  seven-a  and  eight  hundred  seven-b  of  the  education  law,  subdivision  four  of  section  three  hundred  three  of  the  multiple  residence law, and section one hundred eighty-nine of the town law.    10. The provisions of this section shall not be deemed to have amended  subdivision  two  of  section  two hundred nine-b or section two hundred  nine-d of the general municipal law, or any other  general,  special  or  local law requiring the consent of a fire department, fire company or an  emergency  rescue and first aid squad to the entering into of a contract  for services to be performed by such department, company or squad.

State Codes and Statutes

Statutes > New-york > Twn > Article-11 > 184

§  184.  Fire  protection  districts. 1. Whenever the town board shall  have established or extended a fire protection district pursuant to  the  provisions  of  this  article,  the  town  board  shall  provide for the  furnishing of fire protection within the district and for  that  purpose  may  (a)  contract with any city, village, fire district or incorporated  fire company maintaining adequate and suitable apparatus and  appliances  for  the  furnishing  of  fire  protection  in  such district or (b) may  acquire by gift or purchase such apparatus and  appliances  for  use  in  such  district and may contract with any city, village, fire district or  incorporated fire company for operation, maintenance, and repair of  the  same  and  for  the  furnishing  of fire protection in such district, or  both. The contract may also provide for the furnishing of (1)  emergency  service  in  case  of  accidents,  calamities  or  other  emergencies in  connection with which the services of firefighters would be required and  (2) general ambulance service subject, however,  to  the  provisions  of  section  two  hundred  nine-b of the general municipal law. In the event  that the fire department or  fire  company  furnishing  fire  protection  within  the  district pursuant to contract does not maintain and operate  an ambulance then a separate contract may be  made  for  the  furnishing  within  the district of emergency ambulance service or general ambulance  service, or both, with any city,  village  or  fire  district  the  fire  department  of  which,  or  with an incorporated fire company having its  headquarters outside the  district  which,  maintains  and  operates  an  ambulance subject, however, in the case of general ambulance service, to  the  provisions  of  section two hundred nine-b of the general municipal  law, or with an ambulance service, certified or registered  pursuant  to  article  thirty  of  the public health law, which is not organized under  the provisions of section two hundred nine-b of  the  general  municipal  law.  Any such contract with any such ambulance service permitted herein  shall be subject to the provisions of this section.    2. The contract shall not be entered into until a public  hearing  has  been held by the town board. Notice of the hearing shall be published at  least  once  in at least one newspaper having general circulation in the  district. The notice shall specify the time when  and  place  where  the  hearing  will  be  held,  and  describe  in  general  terms the proposed  contract. The first publication shall be at least ten days prior to  the  day  specified  for  the hearing. Before any contract to furnish general  ambulance service by an ambulance service is entered  into  pursuant  to  this  section,  and  before  any  public  hearing is conducted as herein  provided, the consent of  such  ambulance  service  to  furnish  general  ambulance sevice shall be obtained. Such consent shall be evidenced by a  copy of a resolution certified by the secretary of a voluntary ambulance  service  or  the  chief  executive  officer  of a professional ambulance  service.    3. Except as provided in subdivision four of this section, the term of  the contract shall be for a definite period of time,  but  in  no  event  shall the term exceed five years. The contract year or years in all such  contracts  entered  into  after  the  year  nineteen hundred sixty shall  terminate on December thirty-first.    4. Instead of being for a definite term  as  provided  in  subdivision  three,  the contract may be for an original term of one calendar year or  less and provide that it shall be deemed renewed on the same basis  each  year thereafter for a further term of one full calendar year without any  further  public  hearing  unless  one  of  the contracting parties shall  notify the other in writing on or before the  twentieth  day  of  August  that  it  elects  to  terminate the contract on December thirty-first in  that year. The term of any such contract, including renewals, shall  not  exceed five years, but the contract may provide that there shall be lessthan  four  such  renewals.  If the city, village or fire district, fire  department or fire company which is to furnish the service under such  a  contract is not a fully paid department or company, the city, village or  fire  district  governing  board,  upon the request of the department or  company, shall terminate the contract as provided in  this  subdivision.  Any  such contract may provide that in the month of July of each year in  which such a renewal could occur the town clerk of the town in which the  fire protection district or the major portion thereof is  located  shall  notify  the  secretary of the fire department, fire company or ambulance  service which is to furnish the service  under  the  contract  that  the  contract  shall  be  deemed renewed on the same basis for a further full  term of one calendar year unless one of the  contracting  parties  shall  notify  the  other  in  writing on or before the twentieth day of August  that it elects to terminate the contract  on  December  thirty-first  in  such year.    5.  The contract shall specify a definite sum to be paid each year for  all of the services to be rendered thereunder.    6. The amount which is to be paid each year pursuant to  any  contract  entered  into  pursuant to the provisions of this section, together with  all other expenses necessarily incurred or occasioned by reason  of  the  establishment  or  extension  of  the fire protection district, shall be  assessed and levied upon  the  taxable  property  in  the  district  and  collected  in the same manner, at the same time and by the same officers  as town taxes are assessed, levied and collected  and,  when  collected,  the  amount  thereof  shall  be  paid to the supervisor of the town. The  supervisor shall pay to the city, village, fire  district,  incorporated  fire  company or ambulance service furnishing such service the amount to  be paid each year for the service in one sum or in installments  as  the  contract may provide.    7.  If  a fire protection district shall be situated partly in each of  two or more towns any action which would be taken by the town  board  in  the  case  of a district situated in only one town shall be taken by the  town boards of the several towns acting jointly by a  majority  vote  of  the  members  of  each  of  such  town  boards, and the notice of public  hearing required by this section shall be given by the  town  clerks  of  the several towns acting jointly.    8.  By  mutual  consent of the contracting parties, and after a public  hearing held pursuant to  notice  in  the  manner  aforesaid,  any  such  contract  heretofore  or  hereafter  executed  may  be  (1) amended, (2)  terminated, or (3) terminated and a new contract may be entered into  in  lieu thereof, if the town board, after such hearing, shall determine, by  resolution,  that  it  is  in  the public interest so to do. Such notice  shall state in general terms the reason why any existing contract is  to  be  amended  or  terminated, and if a new contract is to be entered into  the notice shall also describe the new contract in general terms.    9. The term "fire protection,"  as  used  in  this  section,  includes  inspections  of buildings and properties in the fire protection district  for the purposes specified  in  and  as  authorized  by  sections  eight  hundred  seven-a  and  eight  hundred  seven-b  of  the  education  law,  subdivision  four  of  section  three  hundred  three  of  the  multiple  residence law, and section one hundred eighty-nine of the town law.    10. The provisions of this section shall not be deemed to have amended  subdivision  two  of  section  two hundred nine-b or section two hundred  nine-d of the general municipal law, or any other  general,  special  or  local law requiring the consent of a fire department, fire company or an  emergency  rescue and first aid squad to the entering into of a contract  for services to be performed by such department, company or squad.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Twn > Article-11 > 184

§  184.  Fire  protection  districts. 1. Whenever the town board shall  have established or extended a fire protection district pursuant to  the  provisions  of  this  article,  the  town  board  shall  provide for the  furnishing of fire protection within the district and for  that  purpose  may  (a)  contract with any city, village, fire district or incorporated  fire company maintaining adequate and suitable apparatus and  appliances  for  the  furnishing  of  fire  protection  in  such district or (b) may  acquire by gift or purchase such apparatus and  appliances  for  use  in  such  district and may contract with any city, village, fire district or  incorporated fire company for operation, maintenance, and repair of  the  same  and  for  the  furnishing  of fire protection in such district, or  both. The contract may also provide for the furnishing of (1)  emergency  service  in  case  of  accidents,  calamities  or  other  emergencies in  connection with which the services of firefighters would be required and  (2) general ambulance service subject, however,  to  the  provisions  of  section  two  hundred  nine-b of the general municipal law. In the event  that the fire department or  fire  company  furnishing  fire  protection  within  the  district pursuant to contract does not maintain and operate  an ambulance then a separate contract may be  made  for  the  furnishing  within  the district of emergency ambulance service or general ambulance  service, or both, with any city,  village  or  fire  district  the  fire  department  of  which,  or  with an incorporated fire company having its  headquarters outside the  district  which,  maintains  and  operates  an  ambulance subject, however, in the case of general ambulance service, to  the  provisions  of  section two hundred nine-b of the general municipal  law, or with an ambulance service, certified or registered  pursuant  to  article  thirty  of  the public health law, which is not organized under  the provisions of section two hundred nine-b of  the  general  municipal  law.  Any such contract with any such ambulance service permitted herein  shall be subject to the provisions of this section.    2. The contract shall not be entered into until a public  hearing  has  been held by the town board. Notice of the hearing shall be published at  least  once  in at least one newspaper having general circulation in the  district. The notice shall specify the time when  and  place  where  the  hearing  will  be  held,  and  describe  in  general  terms the proposed  contract. The first publication shall be at least ten days prior to  the  day  specified  for  the hearing. Before any contract to furnish general  ambulance service by an ambulance service is entered  into  pursuant  to  this  section,  and  before  any  public  hearing is conducted as herein  provided, the consent of  such  ambulance  service  to  furnish  general  ambulance sevice shall be obtained. Such consent shall be evidenced by a  copy of a resolution certified by the secretary of a voluntary ambulance  service  or  the  chief  executive  officer  of a professional ambulance  service.    3. Except as provided in subdivision four of this section, the term of  the contract shall be for a definite period of time,  but  in  no  event  shall the term exceed five years. The contract year or years in all such  contracts  entered  into  after  the  year  nineteen hundred sixty shall  terminate on December thirty-first.    4. Instead of being for a definite term  as  provided  in  subdivision  three,  the contract may be for an original term of one calendar year or  less and provide that it shall be deemed renewed on the same basis  each  year thereafter for a further term of one full calendar year without any  further  public  hearing  unless  one  of  the contracting parties shall  notify the other in writing on or before the  twentieth  day  of  August  that  it  elects  to  terminate the contract on December thirty-first in  that year. The term of any such contract, including renewals, shall  not  exceed five years, but the contract may provide that there shall be lessthan  four  such  renewals.  If the city, village or fire district, fire  department or fire company which is to furnish the service under such  a  contract is not a fully paid department or company, the city, village or  fire  district  governing  board,  upon the request of the department or  company, shall terminate the contract as provided in  this  subdivision.  Any  such contract may provide that in the month of July of each year in  which such a renewal could occur the town clerk of the town in which the  fire protection district or the major portion thereof is  located  shall  notify  the  secretary of the fire department, fire company or ambulance  service which is to furnish the service  under  the  contract  that  the  contract  shall  be  deemed renewed on the same basis for a further full  term of one calendar year unless one of the  contracting  parties  shall  notify  the  other  in  writing on or before the twentieth day of August  that it elects to terminate the contract  on  December  thirty-first  in  such year.    5.  The contract shall specify a definite sum to be paid each year for  all of the services to be rendered thereunder.    6. The amount which is to be paid each year pursuant to  any  contract  entered  into  pursuant to the provisions of this section, together with  all other expenses necessarily incurred or occasioned by reason  of  the  establishment  or  extension  of  the fire protection district, shall be  assessed and levied upon  the  taxable  property  in  the  district  and  collected  in the same manner, at the same time and by the same officers  as town taxes are assessed, levied and collected  and,  when  collected,  the  amount  thereof  shall  be  paid to the supervisor of the town. The  supervisor shall pay to the city, village, fire  district,  incorporated  fire  company or ambulance service furnishing such service the amount to  be paid each year for the service in one sum or in installments  as  the  contract may provide.    7.  If  a fire protection district shall be situated partly in each of  two or more towns any action which would be taken by the town  board  in  the  case  of a district situated in only one town shall be taken by the  town boards of the several towns acting jointly by a  majority  vote  of  the  members  of  each  of  such  town  boards, and the notice of public  hearing required by this section shall be given by the  town  clerks  of  the several towns acting jointly.    8.  By  mutual  consent of the contracting parties, and after a public  hearing held pursuant to  notice  in  the  manner  aforesaid,  any  such  contract  heretofore  or  hereafter  executed  may  be  (1) amended, (2)  terminated, or (3) terminated and a new contract may be entered into  in  lieu thereof, if the town board, after such hearing, shall determine, by  resolution,  that  it  is  in  the public interest so to do. Such notice  shall state in general terms the reason why any existing contract is  to  be  amended  or  terminated, and if a new contract is to be entered into  the notice shall also describe the new contract in general terms.    9. The term "fire protection,"  as  used  in  this  section,  includes  inspections  of buildings and properties in the fire protection district  for the purposes specified  in  and  as  authorized  by  sections  eight  hundred  seven-a  and  eight  hundred  seven-b  of  the  education  law,  subdivision  four  of  section  three  hundred  three  of  the  multiple  residence law, and section one hundred eighty-nine of the town law.    10. The provisions of this section shall not be deemed to have amended  subdivision  two  of  section  two hundred nine-b or section two hundred  nine-d of the general municipal law, or any other  general,  special  or  local law requiring the consent of a fire department, fire company or an  emergency  rescue and first aid squad to the entering into of a contract  for services to be performed by such department, company or squad.