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S06408 Summary:

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S06408 Floor Votes:

S06408 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6408--C
            Cal. No. 123
 
                    IN SENATE
 
                                    January 22, 2014
                                       ___________
 
        Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading -- again amended and

          ordered reprinted, retaining its place in the order of third reading--
          passed  by  Senate,  vote  reconsidered,  restored  to  third reading,
          amended on third reading and order reprinted, retaining it's place  in
          the order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13362-09-4
        S. 6408--C                          2
 
     1  facilities within the village of Margaretville  as  it  did  before  the
     2  enactment of this act. Such continued presence in the village of Margar-
     3  etville shall not render the fire corporation the fire department of the
     4  village,  nor  shall it render the fire corporation under the control of

     5  the village authorities pursuant to paragraph (e) of section 1402 of the
     6  not-for-profit corporation law, provided, however, that for purposes  of
     7  paragraph (e) of section 1402 of the not-for-profit corporation law, the
     8  fire  corporation shall be under the control of the towns of Hardenburgh
     9  and Middletown.
    10    § 4. The towns of Hardenburgh and  Middletown,  village  of  Margaret-
    11  ville, and the Middletown-Hardenburgh fire district shall use the exist-
    12  ing procedures of section 170 of the town law for adoption of the resol-
    13  utions  to  extend  the  Middletown-Hardenburgh  fire  district into the
    14  village of Margaretville.
    15    § 5. This act shall take effect immediately.