Consolidation and dissolution of fire districts and fire protection districts

• Pages: 951-984
• Author: Raymond S. Diraddo

CONSOLIDATION &

DISSOLUTION OF

DISTRICTS

CHAPTER 29

CONSOLIDATION AND

DISSOLUTION OF FIRE

DISTRICTS AND FIRE

PROTECTION DISTRICTS

CONSOLIDATION &

DISSOLUTION OF

DISTRICTS

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CONSOLIDATION &

DISSOLUTION OF

DISTRICTS

29-3 Consolidation and Dissolution of Fire Districts and Fire Protection Districts §29:20

§29:10 INTRODUCTION

The General Municipal Law governs the process of

consolidation and dissolution of re districts, including

re protection districts. General Municipal Law Art.

17-A. Fire protection districts are the subject of chapter

23 of this New York State Fire District Ocer’s Guide,

and are generally governed by a town board.

§29:20 DEFINITIONS (GENERAL

MUNICIPAL LAW §750)

There are new terms that are important to under-

stand and processes to be undertaken for a successful

re district or re protection district consolidation

or dissolution.

Component Fire District or Fire Protection District

— The re district or re protection district, that,

because of successful consolidation proceeding, is

combined into the new re district.

Consolidated Fire District — The re district resulting

from successful consolidation.

Contiguous — When a portion of a re district bound-

ary or re protection district abuts the boundary of

another re district.

Dissolution — Terminating the existence of a re dis-

trict or re protection .district.

Dissolution Plan — A written document that contains

the terms and information regarding the dissolu-

tion of a re district or re protection district that

has been nalized and approved by the board of

re commissioners of that re district or the town

board that oversees the re protection district.

Elector — A registered voter of New York State who is

registered to vote in a re district election.

Elector-Initiated Consolidation Plan — A written

document that contains the terms and information

regarding the consolidation of two or more re

districts, or re protection district as the case may

be, after a majority of the electors of those districts

have voted to consolidate.

Elector-Initiated Dissolution Plan — A written doc-

ument that contains the terms and information

regarding the dissolution of a re district, or re

protection district, after a majority of the electors of

those involved districts have voted to dissolve such

re district, which plan was nalized and approved

by the board of re commissioners of the re district

or town board on behalf of the re protection district

or by an assigned judicial hearing ocer.

Initiative — The ling of a petition containing a pro-

posal for a referendum to be placed on the ballot

for an election.

Joint Consolidation Agreement — A written document

that contains the terms and information regarding

the consolidation of two or more re districts, or

re protection districts, which agreement has been

approved by the boards of re commissioners of

those re districts or town board on behalf of the

re protection district.

Local government entity or entity — This is a town,

village, re district, or re protection district since

re districts and re protection districts are deemed

special districts created pursuant to articles eleven

of the Town Law.

Proposed Dissolution Plan — A written document

that contains the terms and information regarding

the dissolution of a re district not yet nalized or

approved by the board of re commissioners or

town board on behalf of the re protection district.

Proposed Elector-Initiated Consolidation Plan —

A written document that contains the terms and

information regarding the consolidation of two or

more re districts, or re protection district, after

a majority of the respective electors have already

voted to consolidate the re districts, or re pro-

tection district, which plan has been proposed but

not yet nalized or approved by the boards of the

re districts or re protection districts.

Proposed Elector-Initiated Dissolution Plan — A

written document that contains the terms and infor-

mation regarding the dissolution of a re district,

or re protection district, after a majority of the

respective electors have voted to dissolve the re

district or re protection district, which plan has

been proposed but not yet nalized or approved by

the board of re commissioners.

Proposed Joint Consolidation Agreement — A

written document that contains the terms and infor-

mation regarding the consolidation of two or more

re districts or re protection districts that has been

proposed, but not yet nalized and approved, by

the respective boards of re commissioners or town

board as the case may be.

Referendum — The vote seeking approval by a major-

ity of re district or re protection district residents

on the question of either consolidation or dissolu-

tion, which was placed on the ballot by initiative.