Extends the boundary of the Middletown-Hardenburgh fire district to include the territorial boundaries of the village of Margaretville for the purposes of fire protection.
STATE OF NEW YORK
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9111--A
IN ASSEMBLY
March 17, 2014
___________
Introduced by M. of A. P. LOPEZ, TENNEY -- read once and referred to the
Committee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to authorize the Middletown-Hardenburgh fire district to extend
the fire district into the village of Margaretville
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any contrary provisions of article 11 of
2 the town law, commencing upon the effective date of a resolution adopted
3 pursuant to section 10-1020 of the village law abolishing the fire
4 department in the village of Margaretville, Delaware County, the town
5 boards of Middletown and Hardenburgh, in the county of Delaware, pursu-
6 ant to subdivision 2 of section 170 of the town law governing fire
7 districts, the boundary of the Middletown-Hardenburgh fire district
8 shall be extended to include the territorial boundaries of the village
9 of Margaretville for the purposes of fire protection.
10 § 2. Upon the completion by the town boards of Middletown and Harden-
11 burgh of the proceedings authorized by section one of this act, the fire
12 protection district in the town as extended shall be governed by the
13 provisions of section 184 of the town law, and the Middletown-Harden-
14 burgh fire district shall continue to have all of the powers, duties,
15 and responsibilities vested in and imposed on town boards by section 184
16 of the town law, and shall be subject to all of the limitations, proce-
17 dures, and restrictions set forth in such section.
18 § 3. On and after the completion of proceedings authorized by section
19 one of this act, the not-for-profit fire corporation incorporated as the
20 "Margaretville Volunteer Fire Department, Inc." shall maintain its
21 corporate existence and continue to maintain apparatus, appliances and
22 facilities within the village of Margaretville as it did before the
23 enactment of this act. Such continued presence in the village of Margar-
24 etville shall not render the fire corporation the fire department of the
25 village, nor shall it render the fire corporation under the control of
26 the village authorities pursuant to paragraph (e) of section 1402 of the
27 not-for-profit corporation law, provided, however, that for purposes of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13362-08-4
A. 9111--A 2
1 paragraph (e) of section 1402 of the not-for-profit corporation law, the
2 fire corporation shall be under the control of the towns of Hardenburgh
3 and Middletown.
4 § 4. The towns of Hardenburgh and Middletown, village of Margaret-
5 ville, and the Middletown-Hardenburgh fire district shall use the exist-
6 ing procedures of section 170 of the town law for adoption of the resol-
7 utions to extend the Middletown-Hardenburgh fire district into the
8 village of Margaretville.
9 § 5. This act shall take effect immediately.
