For the purpose of completing the waterworks
system now under construction and for the purpose of accepting the
various contracts heretofore made for the construction of said waterworks
system, the Watervliet Water Board, created and existing under chapter
four hundred and twenty-eight of the laws of nineteen hundred and
fourteen, and amended by chapter one hundred and thirty-one of the
laws of nineteen hundred and fifteen and chapter two hundred and sixty-four
of the laws of nineteen hundred and sixteen, shall be and remain as
thus created, and shall exercise and perform all the duties as it
is now authorized and empowered to perform, except so far as it is
authorized and empowered to collect water rents or tolls, and so far
as it is empowered to audit accounts and pay the same.
Chapter four hundred and twenty-eight of the
laws of nineteen hundred and fourteen, as amended by chapter one hundred
and thirty-one of the laws of nineteen hundred and fifteen and by
chapter two hundred and sixty-four of the laws of nineteen hundred
and sixteen, shall be deemed to be repealed at the expiration of ninety
days after the acceptance of the contract made for the construction
of the waterworks system.
From and after the repeal of chapter four hundred
and twenty-eight of the laws of nineteen hundred and fourteen and
chapter one hundred and thirty-one of the laws of nineteen hundred
and fifteen and chapter two hundred and sixty-four of the laws of
nineteen hundred and sixteen, the commissioner of public works[1] shall have the supervision, care, management and control
of the waterworks department and waterworks system of the city. It
shall be the duty of the commissioner of public works to see that
the city has an abundant supply of pure and wholesome water for public
and private use, and also with the assent of the board of estimate
and contract, to furnish and place such number of street hydrants
for supplying water for use for the extinguishment of fires as he
shall deem necessary; to devise plans and sources of water supply;
to plan and supervise the construction, maintenance and inspection
of the water system and the distribution of water throughout the city;
to protect it from contamination and to prescribe rules and regulations
for its use which, when ratified and approved by the council shall
have the same force and effect as city ordinances. The commissioner
of public works shall have the power to establish rates or rents to
be charged and paid semiannually for the supply of water or for the
benefits resulting therefrom, to be called water rents, which shall
be apportioned to the different classes of buildings and uses in the
city consuming water as near as may be according to the usual consumption
of water by such different classes of buildings and uses in said city
for ordinary purposes, and to buildings and lots that abut or adjoin
on the line of any street, alley or place where water supply pipes
are laid, and vacant lots so abutting or adjoining, as he shall deem
proper, provided however, that the water rents for such vacant lots
shall not be less than fifty cents nor more than one dollar each per
annum, and from time to time to modify and amend, increase or diminish
such rates and to extend them to other descriptions of buildings,
lots, establishments, or uses. The commissioner of public works, subject
to the approval of the board of estimate and contract, shall also
have power to establish rates for the use of water in buildings, establishments,
trades and other purposes in which water is consumed beyond the quantity
required for ordinary purposes and may require the same to be paid
in advance at the rates thus established before permission to use
such extra quantity of water shall be given, but no permit shall interfere
with the sufficient supply of water for the extinguishment of fires
or for other ordinary purposes. The said commissioner of public works,
or his duly authorized agents or employees shall be authorized at
all times to enter into any building or place where water is used
from supply pipe to examine as to the quantity of water used and the
manner of using it.
The commissioner of public works, subject to
the approval of the board of estimate and contract, may sell to any
corporation or individuals outside of the city the right to make connections
with the mains for the purpose of drawing and using water therefrom,
and may fix the prices and conditions therefor, but the said commissioner
shall not sell or permit the use of water to or by corporations or
persons outside the city, if by such use the supply of water for the
city or its inhabitants shall be insufficient.
The commissioner of public works and all persons
acting under his authority shall have the right to use the ground
or soil of any street, highway or road, lane or alley, within the
City of Watervliet or the Town of Colonie or the Town of Guilderland
for the purposes of introducing water into and through any portion
of the City of Watervliet on condition that he shall cause the street,
highway or road, lane or alley, to be relaid or restored to its usual
condition and all damage thereto to be repaired; and where the consent
of abutting or adjoining owner is requisite, the same shall be first
had and obtained, or their damage ascertained as herein prescribed.
In all cases where the said commissioner, or his duly authorized agents,
shall be unable to agree with the person owning or having an interest
in any lands, tenements or hereditaments required for the purposes
of this article, the city may proceed to acquire the same by condemnation
in the manner prescribed in chapter twenty-three of the Code of Civil
Procedure.
[1]
Editor's Note: Ordinance No. 76, adopted 1-11-1924,
vested the powers and duties of the Commissioner of Public Works in
the General Manager.
The commissioner of public works,[1] with the assent of the board of estimate and contract,
shall have power to install water meters in all buildings and such
place or places as shall consume any water. The cost of installing
such meters shall be a general city charge and be payable from water
revenues or rentals and shall be maintained by and be and remain the
property of the city. Said commissioner shall have power and it shall
be his duty to place water meters on all main pipes and on all factories
and factory buildings and other large consumers of water, If more
than one main or service pipe is used, attached or leading to any
factory or other large consumer of water, then all such service pipes
shall have meters attached thereon, and it shall be the duty of such
commissioner to attach or cause the same to be put thereon at such
place or places as he shall deem proper. Where there is more than
one service pipe used by any factory or other consumer of water, the
cost of the water meters and attaching the same shall be paid entirely
by the owner of such factory or said other consumer of water, and
said commissioner is here by authorized and directed, before installing
such meters, to make an estimate of the cost of such installation,
including the cost of such water meters and the installation thereof,
and the amount of said estimate shall be paid to the city chamberlain
and a certificate of the receipt thereof filed with the commissioner
of public works before any work is done on such installation; and
in case the actual cost of such water meters and the installation
thereof is less than the amount of the estimate the same is to be
certified by the commissioner of public works to the chamberlain[2] and to be returned by the chamberlain to the owner of
said factory or consumer of water, who shall be liable to the City
of Watervliet in case cost of said water meters and the installation
thereof should exceed the amount of such estimate. The expense of
maintaining such meters in repair and of replacing the same when necessary
shall be borne entirely by the owner of the factory or other consumer.
All connecting supply pipes for buildings or
other places supplied with water shall be laid at the expense of the
owner or occupant of such property under the supervision and direction
of the commissioner,[1] and no main or distributing pipe shall be tapped until
the permit therefor be obtained from said commissioner and the payment
to said commissioner of a fee, the amount of which shall be determined
by the board of estimate and contract, but which will not exceed the
sum of three dollars for each permit which permit shall express the
purpose for which such water may be used and shall have printed thereon
the rules and regulations for the use of water. And any cases of violation
of said rules may be punishable by cutting off the use and supply
of water from said premises. The same regulations and restrictions
shall apply to the use of water under existing permits as well as
those which shall be granted under this section. The rules and regulations
for the use of water shall be printed and copies thereof shall be
distributed to each house or building supplied with water and shall
be notice to the owner or occupant and shall authorize the recovery
by process of law in the name of the city of any penalty established
by said commissioner for any violation of said rules; and the observance
of said rules, or payment of any and all water rents and water meter
charges may also be enforced by cutting off the use and supply of
water.
[1]
Editor's Note: Ordinance No. 76, adopted 1-11-1924,
vested the powers and duties of the Commissioner of Public Works in
the General Manager.
All water rents shall be collected from the
owners of the lots and buildings which shall be situated upon any
street, avenue or highway on which the distributing pipes are now
or may hereafter be laid, and from which such lots and buildings can
be supplied with water; and also from the owners of vacant lots situated
in like manner, for benefits resulting by the introduction or increase
of the supply of water in said city, and said water rents shall be,
like state, county and city taxes, a lien and charge upon such buildings
and lots as hereinafter provided.
Said commissioner of public works[1] shall, on or before the fifteenth day of November, nineteen
hundred and eighteen, and on or before the fifteenth day of May and
November in each year thereafter, complete and make out a list or
roll for each ward in said city of water rents and charges for use
of water to the first day of the month in which said list or roll
is made, and in which said list or roll shall be set down in five
separate columns according to the best information of said commissioner
as follows:
1.Â
In the first column the name of the owner or occupant
of any building, lot or vacant lot chargeable with water rent.
2.Â
In the second column, the number, if any, of the building
or lot to be assessed for such water rent, or its location and boundaries
or such description thereof as shall identify the same.
3.Â
In the third column the amount of water rent assessed
upon such building or lot.
4.Â
In the fourth column the amount of all special rates
that may from any cause be then unpaid upon such building or lot,
including meter measurements.
5.Â
In the fifth column, the total amount of water rents
and other charges assessed upon such building or lot.
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Said list or roll shall thereupon be filed with
the commissioner of accounts and the commissioner of accounts shall
at the next meeting of the council present the same to said council.
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[1]
Editor's Note: Ordinance No. 76, 1-11-1924,
vested the powers and duties of the Commissioner of Public Works in
the General Manager.
At the meeting of the council at which said
list or roll is delivered, the said council shall fix a time and place
at which it will meet to hear and determine all complaints and grievances
in reference to said list or roll, said time to be not less than fifteen
days after the delivery of said list or roll to the council. The commissioner
of public works[1] shall give public notice of the completion of said list
or roll and of the delivery thereof to the council and that said council
will meet on the day fixed by it and specify in said notice to hear
and determine all complaints and grievances against said list or roll,
and said list or roll shall be subject to review by the council. Such
notice shall be published in the official newspaper at least once
a week for two successive weeks immediately preceding the day therein
specified, and said roll, from the time of giving said notice by said
board, shall be left with the commissioner of accounts and opened
to the inspection and examination of any person interested therein.
[1]
Editor's Note: Ordinance No. 76, adopted 1-11-1924,
vested the powers and duties of the Commissioner of Public Works in
the General Manager.
After such review and corrections, if any, and
on or before the first day of December, nineteen hundred and eighteen,
and on the first days of June and December thereafter, the council
shall deliver the said roll to the chamberlain[1] of the city, with its warrant under the hand of the mayor
and seal of the city, commanding him to collect from the several persons
named in the list or roll, the sums mentioned in the last column of
said roll opposite their respective names.
[1]
Editor's Note: Ordinance No. 6, adopted 1-1-1920,
vested the duties of the Chamberlain in the Director of Finance.
Upon receiving the list, or roll, and warrant
by the chamberlain[1] for the water rents chargeable to the first day of May
in each year, he shall publish a notice in the official paper of the
city that he will attend at his offices with said list or roll and
warrant, as provided in section one hundred and nineteen of article
eleven of this chapter. Upon all such water rents paid on or before
August first no interest or penalty shall be charged. On all said
water rents remaining unpaid after August first there shall be added
interest at the rate of one per centum per month from said August
first, and the chamberlain is hereby authorized to charge and collect
such percentage, which said percentage shall be paid over and accounted
for by said chamberlain as a part of said water rents collected by
him. Upon receiving the list or roll and warrant by the chamberlain
for the water rents chargeable to the first day of November in each
year, he shall include the same in the public notice required to be
published by him by section one hundred and nineteen of article eleven
of this chapter, and the said water rents shall be received and collected
by him in the same manner and at the same time and with the same interest
and penalties provided in said section for the collection of city
taxes, and all the provisions of said section one hundred and nineteen
shall apply to the collection of such water rents, except that such
water rents shall not be payable in installments and no deduction
or discount shall be made therefrom.
[1]
Editor's Note: Ordinance No. 6, adopted 1-1-1920,
vested the duties of the Chamberlain in the Director of Finance.
The said chamberlain[1] may and he hereby is authorized to include the water rents
chargeable up to the first day of November in each year upon the same
bill provided for the city and state and county taxes due at that
time.
[1]
Editor's Note: Ordinance No. 6, adopted 1-1-1920,
vested the duties of the Chamberlain in the Director of Finance.
The commissioner of public works[1] shall have the power and it shall be his duty to charge
the city at large a reasonable amount per annum for the use of water
in the public buildings of the city, the extinguishment of fires,
the sprinkling of streets and other public uses; the amount of such
charge to be fixed by the board of estimate and contract and included
in the next annual tax budget. Such amount shall be entered by the
board on its list or roll of water rents charged against the city
in the same manner as other charges against other consumers of water
and the amount of such charges shall be credited by the commissioner
of accounts and the chamberlain[2] to the water fund of the city.
In addition to all powers and duties now exercised
and performed by the Watervliet Water Board, the said Watervliet Water
Board shall have the powers herein granted to the commissioner of
public works.[1]
[1]
Editor's Note: Ordinance No. 76, adopted 1-11-1924,
vested the powers and duties of the Commissioner of Public Works in
the General Manager.
