PROPOSED GOVERNING BODY INITIATED
PLAN OF DISSOLUTION
NEWPORT FIRE PROTECTION DISTRICTS
(FD 160) AND (FD 170)
IN THE TOWN OF NEWPORT
GENERAL MUNICIPAL LAW ARTICLE 17-A
Town of Newport
ADOPTED September 11, 2017
Newport Fire Protection Districts
(FD 160) and (FD 170) (collectively referred to “Protection Districts”) in the
Town of Newport (“Town”) were established by resolutions of the Town Board of
the Town to provide a means to collect tax revenue to provide for fire
protection and emergency services to the persons and properties within the
Protection Districts. The Town Board of
the Town has always been and continues to be the “governing body“ of the
Protection Districts. The levy of taxes
upon the taxable parcels in the Protection Districts has been the means utilized
by the Town for providing tax-based funding for fire protection and emergency
services within the boundaries of the Protection Districts. The fire protection and emergency services
for all times relevant hereto have been provided to the Protection Districts by
the Newport Volunteer Fire Company Number 4, Inc. (“Department”) by means of
fire protection contracts negotiated between the Department and the Town
pursuant to Town Law §184.
By resolution dated June 21, 2017,
the Town Board of the Town agreed to form the Newport Joint Fire District
(“NJFD”) in cooperation with the Village of Newport and the Town of Norway. The determinations establishing NJFD have
been filed with the New York State Department of Audit and Control and recorded
in the office of the Clerk in and for the County of Herkimer as required by
Town Law §189-d.
Board of Fire Commissioners for NJFD is scheduled to take office effective
October 2, 2017. The first tax levy for
NJFD is planned for 2018. With the
transition to NJFD, the Protection Districts are no longer needed. Therefore the Town brings forth the within Governing
Body Initiated Dissolution Plan to comply with the legal mandates in compliance
with General Municipal Law Article 17-A.
PROPOSED GOVERNING BODY INITIATED DISSOLUTION PLAN
GENERAL MUNICIPAL LAW SECTION 774
name of entity to be dissolved is the Newport Fire Protection Districts (FD 160)
and (FD 170), collectively hereinafter referred to as the “Protection Districts”.
territorial boundaries of the Protection Districts exist as designated by the
Town Board of the Town of Newport as “FD 160” and “FD 170”, including all
properties included in the 2017 final tax roll for FD 160 and FD 170. The boundaries are generally described as
the entirety of FD 160 and FD 170 and more generally understood to be that
portion of the Town of Newport with the exception of Newport Fire Protection District (FD 175)
served by the Poland Volunteer Fire Department. A map depicting the Protection Districts is
available for inspection the office of the Town Clerk. The boundaries of the
Protection Districts and the parcels included therein are identical to the
boundaries of and parcels within the Town of Newport that are included in the
newly formed Newport Joint Fire District.
type of entities are “fire protection district(s)” as described in Town Law §184.
uncontested, the cost of the proposed dissolution is estimated to be less than
public employees will be affected by the dissolution.
(F) The Protection Districts do not own any physical assets. The Protection Districts do not have any long-term liabilities or indebtedness. The Protection Districts do not own cash assets.
The Protection Districts have no actual or contingent liabilities or
indebtedness as of the date of the proposed Dissolution Plan. The Protection Districts do not anticipate
incurring any liabilities before dissolution apart from those costs reasonably
and necessarily incurred in bringing about the dissolution; which costs are
expected to be less than $500.00. The Protection Districts do not have any
bonded indebtedness and do not intend to incur any obligations prior to
as otherwise noted herein, the Protection Districts have not entered into any
agreements with any other municipal entities. The only agreement contemplated being
entered into is with the NJFD for the continuation for fire protection and
emergency services by the Department through December 31, 2017, as per the
contract currently in effect between the Town and the Department pursuant to
pursuant to Town Law §184. As the tax
revenue collected in 2017 from the property owners in the Protection Districts
and previously conveyed to the Department may be loosely construed to be an
asset, the Department, and ultimately NJFD, is responsible for the obligation
to assure that services continue and that proper credit is made to 2017 tax
levy for those parcels that were assessed and paid the 2017 Protection Districts
residents and businesses of the areas included within the Protection Districts
will continue to be provided fire protection and emergency services through December
31, 2017 pursuant to the contract between the Town and the Department.
terms for disposition of assets and liabilities are as follows:
(1) There are no assets to be
There are no liabilities or indebtedness. It is expressly provided that there shall be
no further tax levies made by the Protection Districts provided that the NJFD
2018 tax levy proceeds as expected. In
the unlikely the event that NJFD is prevented or precluded from instituting a
2018 tax levy, the Protection Districts will be deemed to continue to exist
past December 31, 2017 for a sufficient period of time and solely as a means to
implement a 2018 levy to fund fire protection services by NJFD.
rule or regulation of the Protection Districts or Town is expected to be
necessary or remain in effect after the dissolution occurs.
effective date of the proposed dissolution is December 31, 2017.
In the unlikely the event that NJFD is
prevented or precluded from instituting a 2018 tax levy, the Protection Districts
will be deemed to continue to exist past December 31, 2017 for a sufficient
period of time so as to implement a 2018 levy to fund fire protection services
on behalf of NJFD.
(M) The date, time, and location of the statutorily
required Public Hearing on the proposed dissolution plan is: Oct.18,
2017 commencing at ***7:00 PM at the Town of Newport Town Hall 2788 Newport
Road Newport, NY 13416.
(N) Miscellaneous Matters
(1) Prior to
and upon dissolution, that the NJFD will undertake such actions as may be
reasonable and prudent to provide for the continued provision of fire
protection to the area formerly known as the Protection Districts.
Newport Town Clerk on behalf of the Town Board of the Town of Newport shall
cause this proposed Plan of Dissolution to be published in accordance with
General Municipal Law §775 and conduct a public hearing concerning the proposed
dissolution pursuant to General Municipal Law §776.