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This entry was published on 2014-09-22
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SECTION 184-C
Water supply outside of fire districts
Town (TWN) CHAPTER 62, ARTICLE 11
§ 184-c. Water supply outside of fire districts. 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.