A Local Law Authorizing the Erection of a Fire Training Tower for Civil Defense Purposes and Authorizing a Revocable License to Use Said Tower to Various Volunteer Fire Companies and Fire Districts of the Town
Section 1. Purpose
The Town Board of the Town of Colesville hereby finds and determines that it is in the best interest of the town for purposes of adequate preparation for civil defense and for the general protection of the health and safety of the residents of the Town that the members of the volunteer fire companies serving the Town's Fire Protection District and the personnel of the Town's Fire Districts be properly trained in the performance of their fire fighting responsibilities. At the present time while such firemen do possess appropriate equipment for such task, there is no facility available for them in the Town to practice and perfect their skills in fighting fires. An appropriate parcel of land has been gifted to the town to site such a facility. It is the purpose of this Local Law to provide for the funding for the construction of an appropriate fire tower at this site.
Section 2. Construction of Fire Training Tower
a. At such time that the Town completes the acquisition (at no cost to the Town) of a suitable site for the erection of a fire training tower, the Town, pursuant to the provisions of Section 9124 of the Consolidated Laws of the State of New York and other applicable provisions of law hereby authorizes the expenditure of not more than $25,000.00 of surplus General Funds of the Town for the purpose of constructing and
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installing a suitable fire training tower as a civil defense facility of the Town for the purpose of properly training fire fighters of the Town's volunteer fire companies serving its fire protection district and of the fire districts of the Town for civil defense purposes
b. The officers of said volunteer fire companies and fire districts shall arrange to have prepared appropriate plans and specifications for such facility.
c. Upon review and approval of said plans and facilities by the Town Board of the Town of Colesville, the Town shall appropriate from its General Funds such monies as are required to purchase the materials and supplies needed for the erection of said tower. Such supplies and materials shall be acquired by the Town to the lowest responsible bidder pursuant to the provisions of law relative to competitive bidding with payment to be made by the Town upon submission of appropriate vouchers relating to the furnishing of said supplies and materials. The volunteer fire companies and fire districts of the Town shall jointly enter into an agreement with the Town to provide the necessary labor to erect such facility at such site. Any fire district and/or volunteer fire company involved in said construction shall take out and maintain during the period of such construction public liability and property damage insurance in the amount of at least $500,000.00 as shall protect the Town of Colesville, and said fire district or volunteer fire company from claims for damages which may arise during the course of said construction.
d. Upon completion of construction of said facility, said facility shall be owned by the Town of Colesville, and the Town of Colesville and the volunteer fire companies serving its Fire Protection District and its fire districts shall enter into an appropriate agreement regarding the use to be made of said facility which agreement shall include the costs of maintenance thereof, the requirements for maintenance of liability insurance of those using the facility and indemnification to the town for or an account of any injuries or damage received or sustained by any party or parties by or from the negligence of Fire Companies, their officers, members, contractors, agents of employees, and such other and further provisions as shall be required by law.
Section 3. Separability
If any part or provision of this Local Law or the application thereof to any person or circumstances be adjudged invalid by any court of competent jurisdiction such judgment shall be confined in its operation to the part of provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances and the town Board of the Town of Colesville hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.
Section 4. Repeal
All Ordinances, Local Laws and parts thereof inconsistent with this Local Law are hereby repealed.
Section 5. Effective Date
This local Law shall take effect immediately.
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