Section 184-C. Water supply outside of fire districts  


Latest version.
  • The town board of any
      town,  on  behalf  of  a fire protection district or fire alarm district
      situated therein, or on behalf of the area of the town  outside  of  any
      village, fire district, fire protection district or fire alarm district,
      which area is hereinafter referred to as the "unprotected area", (1) may
      purchase  permanent  or  temporary  rights  to take water from cisterns,
      wells, and bodies of water and water-courses within the fire  protection
      district,  fire  alarm  district or unprotected areas, or may lease such
      rights, and (2) may construct and maintain, fire suction pools in bodies
      of water and water-courses, fire  cisterns  and  fire  wells,  including
      necessary  pipes,  pumps,  hydrants  and  other facilities in connection
      therewith and may purchase and lease necessary real property and  rights
      in  land  and  water therefor, in order to provide a supply of water for
      any area of such district or unprotected area which  does  not  have  an
      adequate  and  available  supply or which cannot be suitably supplied by
      contract pursuant to section one hundred eighty-four-a of this chapter.
        Before making any purchase or lease of water  rights  or  constructing
      fire  suction  pools, fire cisterns and fire wells or acquiring any real
      property and rights in land and water therefor, the town board (1) shall
      secure the written statement of the fire chief, or  chief  engineer,  of
      the  fire department or fire company, if any, furnishing fire protection
      in the district or unprotected area that such sources  of  water  supply
      are  adequate  and  that such fire suction pools, fire cisterns and fire
      wells are located properly for fire-fighting purposes and (2) shall hold
      a public hearing in the district or  unprotected  area.  Notice  of  the
      hearing  shall  be  published  at  least  once in at least one newspaper
      having general circulation in the  district  or  unprotected  area,  the
      first  publication  thereof to be at least ten days prior to the day set
      for the hearing.  The notice shall specify the time when and place where
      the hearing shall be held, and shall describe in general terms  what  is
      proposed to be done pursuant to the provisions of this section.
        The  water  and  improvements shall be used for fire-fighting purposes
      only and such water shall not be sold.  The  fire  suction  pools,  fire
      cisterns  and  fire wells constructed and maintained for the purposes of
      any such district or unprotected area shall  be  fenced  or  covered  to
      prevent  trespass by children and domestic animals. Any such improvement
      shall be located upon real property within the fire protection district,
      fire alarm district, or unprotected area, which  has  been  acquired  by
      gift, purchase or lease, or upon which an easement has been acquired, by
      the  town  board  in  the  name of the town for the purposes of any such
      district or area, except such portions  of  the  improvement  which  are
      located  within the bounds of public highways, roads or streets with the
      consent of the state or local official charged with the  supervision  of
      the highway, road or street. No officer or employee of the town shall be
      liable  personally for any damages to persons or property resulting from
      the maintenance of any such improvement on behalf of any  such  district
      or  unprotected  areas,  except  such  damages as result from his wilful
      negligence or malfeasance. The town  board  may  purchase  insurance  to
      protect  the  district  or unprotected area from liability for damage to
      persons  and  property  resulting  from  the  maintenance  of  any  such
      improvement  for  the district or unprotected area. Expenditures for any
      such purposes, and any liabilities for any such damage, shall be  raised
      only  upon the taxable real property in the district or unprotected area
      and shall be assessed, levied 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 disburse such moneys
    
      for the purposes aforesaid. Moneys shall not be borrowed to finance  the
      cost of any expenditure made pursuant to this section.
        If a fire protection district or 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 notice
      of  public  hearing  required by this section shall be given by the town
      clerks of the several towns acting jointly.
        If, after proceeding pursuant to this section, an adequate  supply  of
      water  for fire-fighting purposes becomes available for such area, or if
      a suitable supply may be  obtained  therefor  by  contract  pursuant  to
      section  one  hundred  eighty-four-a  of  this  chapter, the town board,
      nevertheless, may continue to act in relation to any  such  district  or
      unprotected area pursuant to this section.