§ 184-C — Water supply outside of fire districts

§ 184-c. Water supply outside of fire districts. The town board of any\ntown, on behalf of a fire protection district or fire alarm district\nsituated therein, or on behalf of the area of the town outside of any\nvillage, fire district, fire protection district or fire alarm district,\nwhich area is hereinafter referred to as the "unprotected area", (1) may\npurchase permanent or temporary rights to take water from cisterns,\nwells, and bodies of water and water-courses within the fire protection\ndistrict, fire alarm district or unprotected areas, or may lease such\nrights, and (2) may construct and maintain, fire suction pools in bodies\nof water and water-courses, fire cisterns and fire wells, including\nnecessary pipes, pumps, hydrants and other facilities in connection\ntherewith and may purchase and lease necessary real property and rights\nin land and water therefor, in order to provide a supply of water for\nany area of such district or unprotected area which does not have an\nadequate and available supply or which cannot be suitably supplied by\ncontract pursuant to section one hundred eighty-four-a of this chapter.\n Before making any purchase or lease of water rights or constructing\nfire suction pools, fire cisterns and fire wells or acquiring any real\nproperty and rights in land and water therefor, the town board (1) shall\nsecure the written statement of the fire chief, or chief engineer, of\nthe fire department or fire company, if any, furnishing fire protection\nin the district or unprotected area that such sources of water supply\nare adequate and that such fire suction pools, fire cisterns and fire\nwells are located properly for fire-fighting purposes and (2) shall hold\na public hearing in the district or unprotected area. Notice of the\nhearing shall be published at least once in at least one newspaper\nhaving general circulation in the district or unprotected area, the\nfirst publication thereof to be at least ten days prior to the day set\nfor the hearing. The notice shall specify the time when and place where\nthe hearing shall be held, and shall describe in general terms what is\nproposed to be done pursuant to the provisions of this section.\n The water and improvements shall be used for fire-fighting purposes\nonly and such water shall not be sold. The fire suction pools, fire\ncisterns and fire wells constructed and maintained for the purposes of\nany such district or unprotected area shall be fenced or covered to\nprevent trespass by children and domestic animals. Any such improvement\nshall be located upon real property within the fire protection district,\nfire alarm district, or unprotected area, which has been acquired by\ngift, purchase or lease, or upon which an easement has been acquired, by\nthe town board in the name of the town for the purposes of any such\ndistrict or area, except such portions of the improvement which are\nlocated within the bounds of public highways, roads or streets with the\nconsent of the state or local official charged with the supervision of\nthe highway, road or street. No officer or employee of the town shall be\nliable personally for any damages to persons or property resulting from\nthe maintenance of any such improvement on behalf of any such district\nor unprotected areas, except such damages as result from his wilful\nnegligence or malfeasance. The town board may purchase insurance to\nprotect the district or unprotected area from liability for damage to\npersons and property resulting from the maintenance of any such\nimprovement for the district or unprotected area. Expenditures for any\nsuch purposes, and any liabilities for any such damage, shall be raised\nonly upon the taxable real property in the district or unprotected area\nand shall be assessed, levied and collected in the same manner, at the\nsame time, and by the same officers as town taxes are assessed, levied\nand collected, and, when collected, the amount thereof shall be paid to\nthe supervisor of the town. The supervisor shall disburse such moneys\nfor the purposes aforesaid. Moneys shall not be borrowed to finance the\ncost of any expenditure made pursuant to this section.\n If a fire protection district or fire alarm district shall be situated\npartly in each of two or more towns any action which would be taken by\nthe town board in the case of a district situated in only one town shall\nbe taken by the town boards of the several towns acting jointly by a\nmajority vote of the members of each of such town boards, and the notice\nof public hearing required by this section shall be given by the town\nclerks of the several towns acting jointly.\n If, after proceeding pursuant to this section, an adequate supply of\nwater for fire-fighting purposes becomes available for such area, or if\na suitable supply may be obtained therefor by contract pursuant to\nsection one hundred eighty-four-a of this chapter, the town board,\nnevertheless, may continue to act in relation to any such district or\nunprotected area pursuant to this section.\n