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S06521 Summary:

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S06521 Floor Votes:

S06521 Text:

 
                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:
 

     1    Section 1. Notwithstanding any contrary provisions of  article  11  of
     2  the  town  law,  commencing  with  the  effective date of the resolution
     3  adopted pursuant to section 10-1020 of the village  law  abolishing  the
     4  fire department in the village of Barker, Niagara county, the town board
     5  of  the  town of Somerset, Niagara county, in accordance with the proce-
     6  dures set forth in subdivision 2 of section 170 of the town  law,  shall
     7  have the power to extend the town of Somerset - Somerset Fire Protection
     8  District,  located  in the town of Somerset to include and encompass the
     9  enter corporate limits of the village of Barker in such town.
    10    § 2. Upon the completion by the town of Somerset  of  the  proceedings
    11  authorized  by  section one of this act, the fire protection district in
    12  the town as extended shall be a fire protection district governed by the

    13  provisions of section 184 of the town law, and the  town  board  of  the
    14  town  shall  have  all of the powers and duties vested in and imposed on
    15  town boards by section 184 of the town law, and shall be subject to  all
    16  of  the  limitations,  procedures  and  restrictions  set  forth in such
    17  section.
    18    § 3. On and after the completion  of  the  proceedings  authorized  by
    19  section  one  of  this act, the not-for-profit fire corporation incorpo-
    20  rated as the "Barker Fire Department, Inc." shall maintain its corporate
    21  existence and may continue to maintain apparatus, appliances and facili-
    22  ties within the village of Barker for the furnishing of fire protection.
    23  Such continued presence in the village of Barker shall  not  render  the
    24  fire corporation the fire department of the village, nor shall it render
    25  the fire corporation under the control of the village authorities pursu-

    26  ant  to  paragraph (e) of section 1402 of the not-for-profit corporation
    27  law, provided, however, that for purposes of paragraph  (e)  of  section
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13752-01-4
        S. 6521                             2
 
     1  1402  of  the not-for-profit corporation law, the fire corporation shall
     2  be under the control of the town of Somerset.
     3    § 4. The completion by the town of Somerset of the proceedings author-
     4  ized  by  section one of this act shall be deemed to occur when the town
     5  adopts a resolution extending a fire protection district as required  by
     6  subdivision  2  of  section 170 of the town law, provided, however, that

     7  nothing herein shall be construed as relieving the town  from  complying
     8  with the provisions of subdivision 1 of section 173 of the town law.
     9    § 5. This act shall take effect immediately.