Summary:

PROPOSED GOVERNING BODY INITIATED

PLAN OF DISSOLUTION

OF

NEWPORT FIRE PROTECTION DISTRICTS

 (FD 160) AND (FD 170)

IN THE TOWN OF NEWPORT

PURSUANT TO

GENERAL MUNICIPAL LAW ARTICLE 17-A

Prepared by:

Town Board

Town of Newport

ADOPTED September 11, 2017

                                                    

INTRODUCTION

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.

The 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

PURSUANT TO

GENERAL MUNICIPAL LAW SECTION 774

(A)       The 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”.

(B)       The 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 follows:  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.

(C)       The type of entities are “fire protection district(s)” as described in Town Law §184.

(D)       If uncontested, the cost of the proposed dissolution is estimated to be less than $500.00.

(E)       No 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.  

(G)    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 dissolution.

(H)       Except 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 tax levy.

(I)         The 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. 

(J)        The terms for disposition of assets and liabilities are as follows:              

   (1)   There are no assets to be disposed of.

   (2)  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. 

(K)       No rule or regulation of the Protection Districts or Town is expected to be necessary or remain in effect after the dissolution occurs. 

(L)       The 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.

(2)       The 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.

DESCRIPTIVE SUMMARY OF PROPOSED PLAN OF DISSOLUTION

Newport Fire Protection Districts (FD 160) and (FD 170) Plan of Dissolution provides for the dissolution of the Protection Districts effective December 31, 2017.  The provision of fire protection and emergency services will be unaffected and will continue to be provided to the area comprising the Protection Districts by the Newport Volunteer Fire Company Number 4, Inc. under the auspices of the Board of Fire Commissioners of the newly created Newport Joint Fire District (“NJFD”).  All tax revenue collected by the Protection Districts pursuant to the 2017 tax levy has already been remitted to the Newport Volunteer Fire Company Number 4, Inc. as payment for services through December 31, 2017.  The Protection Districts do not possess any cash assets or own any property.  The Protection Districts have no employees.  Once, the Board of Fire Commissioners of the NJFD is established and the NJFD becomes functional, NJFD will become the authority having jurisdiction over Newport Volunteer Fire Company Number 4, Inc. and will be obligated to provide for the provision of fire protection and emergency services to those properties within the Protection Districts that are now deemed to be included and incorporated within the boundaries of the NJFD.  The Protection Districts will be dissolved effective December 31, 2017, absent any contingency impeding the NJFD from implementing a 2018 budget and tax levy.