New York Town Law Section 183 - Fire alarm districts.

183. Fire alarm districts. Whenever the town board shall have established a fire alarm district pursuant to the provisions of this article, the town board shall prepare, or cause to be prepared, plans, specifications, estimates and a proposed contract for the installation, extension and maintenance of a fire alarm system in such district. Upon the completion of the plans, specifications, estimates and proposed contract therefor, the town clerk shall give notice of a public hearing thereon in the same manner as provided in this article for notice of hearing upon the creation of such district. At such hearing, the town board shall hear such persons as may be interested in the subject matter thereof and may make such modification and changes in the plans, specifications, estimates and proposed contract as the town board shall deem expedient, and thereupon the town board may adopt or reject same. So far as consistent with the provisions of this section, the town board shall award contracts for the performance of the work and the supplying of materials or may cause the same to be done by day labor under the direction of the town engineer or any other town officer, in the same manner as provided by section one hundred ninety-seven of this chapter for the making of special improvements, and may enter into contracts with persons or corporations for the use of their property in connection with such fire alarm system.

After a public hearing as hereinafter specified, the town board, in addition, shall provide for the furnishing of fire protection within such fire alarm district and for that purpose may contract for a period not exceeding five years with any city, incorporated village, fire district or incorporated fire company maintaining adequate and suitable apparatus and appliances for the furnishing of fire protection in such district. Notice of such hearing shall be published in at least one newspaper having general circulation in the district. Such notice shall specify the time when and place where said hearing will be held, and describe in general terms the proposed contract. The first publication thereof shall be at least ten days prior to the day specified for such hearing. The expense incurred by reason of the establishment of such fire alarm district, the maintenance of said fire alarm system and the contract for fire protection, shall be assessed and levied upon the taxable property in said district and collected in the same manner, at the same time and by the same officers as town taxes are assessed, levied and collected and, when collected, the amount thereof shall be paid to the supervisor of the town. The supervisor shall pay to the city, incorporated village, fire district or incorporated fire company furnishing such fire protection, the expense thereof pursuant to said contract. The expense of the installation or extension of such fire alarm system may be raised, in whole or in part, in the same manner as the expense of maintenance or may be financed, in whole or in part, pursuant to the local finance law.

If a fire alarm district shall be situated partly in each of two or more towns any action which would be taken by the town board in the case of a district situated in only one town shall be taken by the town boards of the several towns acting jointly by a majority vote of the members of each of such town boards, and the notices of public hearing required by this section shall be given by the town clerks of the several towns acting jointly.

By mutual consent of the contracting parties, and after a public hearing held pursuant to notice in the manner provided in this section in relation to fire protection contracts, any such contract heretofore or hereafter executed may be (1) amended, (2) terminated, or (3) terminated and a new contract may be entered into in lieu thereof, if the town board, after such hearing, shall determine, by resolution, that it is in the public interest so to do. Such notice shall state in general terms the reason why any existing contract is to be amended or terminated, and if a new contract is to be entered into the notice shall also describe the new contract in general terms.

Last modified: February 3, 2019