US Laws, Codes, Statutes & Cases

 
    §  709. Annexation by a city of territory in fire, fire protection, or
  fire alarm districts; assumption of indebtedness; property rights.    1.
  If  an  annexation  of territory by a city includes the entire area of a
  fire district, the city, as of the date of such annexation, shall become
  the owner of all of  the  property  and  property  rights  of  the  fire
  district  and shall assume all of the indebtedness and contract or other
  liabilities of the fire district, and shall furnish fire protection, and
  other emergency service which would require the services of firemen,  in
  the  area so annexed in the same manner as in other similar areas of the
  city.
    2. If an annexation of territory by a city includes only a part of the
  area of a fire district, the indebtedness  and  any  contract  or  other
  liabilities,  and  interest thereon, shall be a charge upon and shall be
  paid by the city, as the same shall become due and payable, to the  fire
  district in the same proportion to the whole of any such indebtedness or
  any such liability as the full valuation of the taxable real property of
  the  territory  which  is  annexed  bears  to  the full valuation of the
  taxable real property of the fire district prior to the annexation. Such
  full valuation shall be determined in the manner provided in subdivision
  twenty-one-a of section 2.00 of the  local  finance  law.  If  the  fire
  district  owns  any  real  property  or  rights  in real property in the
  territory which is annexed, the city may  purchase  any  such  property,
  including  any  personal property used in connection therewith, from the
  fire district for a fair and reasonable price to be agreed upon  by  the
  governing  boards  of  the  city  and the fire district and the board of
  commissioners of the fire district  shall  have  power  to  execute  any
  necessary  instruments  in  relation thereto. Any such sale shall not be
  subject to approval at a fire district election. If such  real  property
  is a firehouse owned by the fire district, the city shall be required to
  purchase  such real property and any rights in real property appurtenant
  thereto from the fire district.  If the governing boards of the city and
  the fire district cannot agree on a fair and reasonable price  therefor,
  the city shall proceed to acquire such real property and any such rights
  by  condemnation  in  the same manner as if the property was owned by an
  individual. The city shall furnish fire protection, and other  emergency
  service  which  would  require  the  services of firemen, in the area so
  annexed in the same manner as in other similar areas of the city.
    3. If an annexation of territory of a city includes the entire area of
  a fire protection district or of a fire alarm district, the  city  shall
  furnish fire protection, and other emergency service which would require
  the services of firemen, in the area so annexed in the same manner as in
  other similar areas of the city.
    4. If an annexation of territory to a city includes only a part of the
  area  of  a  fire  district,  a fire protection district or a fire alarm
  district, the governing boards of the city, the fire district and of the
  town, as the case may  be,  shall  provide  for  the  carrying  out  and
  fulfillment of any contract for the furnishing of fire protection to the
  area  of  such  fire  district,  fire  protection district or fire alarm
  district which is outside the city.