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.
Last modified: February 3, 2019