TOWN LAW, §189-b; STATE CONSTITUTION, ARTICLE VIII, §1: A
village board may authorize the conveyance of village
firefighting apparatus, for nominal or no consideration, to a
newly-formed joint fire district which includes the village.
We are in receipt of your letter asking whether fire apparatus of a village could be transferred, for nominal or no consideration, to a newly-formed joint fire district which would include the village. You state that obligations issued by the village to finance several pieces of the apparatus are still outstanding.
Article 11-A of the Town Law (§189-a, et seq.) contains provisions relative to the establishment of joint fire districts in towns and villages. Section 189-b of article 11-A relates to the sale or transfer of a village firehouse, land and firefighting apparatus and equipment to a joint fire district. That section provides, in part, as follows:
Thus, pursuant to section 189-b, a village board may authorize the transfer of village firefighting apparatus, for nominal or no consideration, to a newly-formed joint fire district which includes the village (see also Comereski v City of Elmira, 308 NY 248).
As suggested in your letter, after the formation of the joint fire district, the village must still pay principal and interest on its outstanding obligations issued to purchase firefighting apparatus. As noted, section 189-b authorizes a village board of trustees to transfer village firefighting apparatus to a joint fire district either with or without consideration, and upon terms and conditions deemed fitting and proper. Therefore, in determining whether to transfer, without consideration, apparatus purchased with the proceeds of outstanding obligations, the village board may wish to take into account the village's continuing responsibility to pay interest and principal on the obligations.
March 18, 1991