The Director of the Department of Water and Wastewater, subject
to the provisions of this article, the other laws of the state and
the ordinances of the City Council, has the direction and control
of the construction, maintenance, extension and repair of the City
waterworks; he shall see that the City has abundant supply of pure
and wholesome water for public and private use; he shall devise the
plans and sources of water supply, plan and supervise the distribution
of water through the City, protect it against contamination, enforce
the rules and regulations governing the discharge of sewage and industrial
wastes into the City of Schenectady sewer system and prescribe rules
and regulations for its use which, when ratified and approved by the
City Council, shall have the same force and effect as ordinances enacted
by the City Council. (12-27-1988 by L.L. No. 6-1988, § 1[1])
[1]
Editor's Note: This local law also superseded former Art.
II, Department of Public Works, adopted by Laws of 1907, Chapter 756,
§§ 17 through 30, as amended.
The Department of Water and Wastewater may adopt plans for the
extension or improvement of the waterworks system or for the acquisition
of an additional supply of water for public and private use. A plan
so adopted shall be submitted to the City Council for their approval.
If such a plan is approved by the City Council, the Director of the
Department of Water and Wastewater shall cause such work to be done
and necessary lands and water rights to be acquired in accordance
therewith. The contracts for such work shall be let in accordance
with such plan and in the same manner as other contracts for public
improvements. Upon the adoption and approval of a plan for the extension
and improvement of the waterworks system or for the increase in the
supply of water, the Council shall make funds available for paying
the cost and expense of such work. (12-27-1988 by L.L. No. 6-1988,
§ 1)
The Director of the Department of Water and Wastewater or their
agents may enter into or upon any land or water for the purpose of
making surveys. The Director, with the assent of the City Council,
may agree with the owner of any property which, in his judgment, may
be required for such extension, improvement or increase in supply,
or which may be injuriously affected by such work connected with such
improvement, as to the amount of compensation to be paid to such owner.
If the Director of the Department of Water and Wastewater shall agree
with any owner for the purchase of any lands or easement in the same,
or for the taking of any water or water rights, all such agreements
and conveyances shall be made and taken in the name of the City of
Schenectady. If the Director of the Department of Water and Wastewater
is unable to agree with the owner of any such lands or easement, or
water or water rights, as to the amount of compensation to be paid
therefor, the Director may acquire such lands or easement, or water
or water rights, by condemnation. The Director of the Department of
Water and Wastewater may use the grounds or soil under any street,
highway or road in the County of Schenectady for the purpose of laying
pipes, conduits and introducing water in and through any portion of
the City of Schenectady on condition that he shall cause the surface
of said street, highway or road to be restored to its former state
or to such state as shall not unnecessarily have impaired its usefulness.
(12-27-1988 by L.L. No. 6-1988, § 1)
Whenever there is money in the treasury applicable to such purpose
or the issue of obligations for such purpose has been authorized,
the City Council may, by resolution, direct the Director of the Department
of Water and Wastewater to cause the line of water mains or pipes
for the City waterworks to be extended in any street in such City.
(12-27-1988 by L.L. No. 6-1988, § 1)
Any person who shall willfully do or cause to be done any act
whereby any work, material or property erected or used by said City
or by the Director of the Department of Water and Wastewater, or by
any person acting under his authority, for the purpose of procuring
or furnishing water shall in any way be injured shall be guilty of
a misdemeanor. (12-27-1988 by L.L. No. 6-1988, § 1)
The Department of Water and Wastewater shall procure and set
hydrants for the supply of water for the extinguishment of fires of
such kind, in such manner and at such places in the public streets
of said City as the City Council shall direct. (12-27-1988 by L.L.
No. 6-1988, § 1)
The connecting or supply pipes leading from the mains or distributing
pipes to dwellings or other private property shall be inserted and
kept in repair at the expense of the owners or occupants of the premises
and shall not be inserted or connected with the main pipe until a
permit therefor shall be obtained from the Department of Water and
Wastewater. All such connecting or supply pipes and fixtures shall
be constructed and placed under and according to the direction of
the Department of Water and Wastewater and the Plumbing Inspector.
(12-27-1988 by L.L. No. 6-1988, § 1)
The Director of the Department of Water and Wastewater, with
the assent of the City Council, shall establish a scale of annual
rents to be charged and paid annually for the supply of water or for
benefits resulting therefrom to be called "water rents," which shall
be apportioned to the different classes of buildings and vacant lots
in said City with reference to their dimensions, values, exposure
to fires, ordinary uses for dwellings, stores, shops, stables and
other purposes, number of families or occupants or consumption of
water, as near as may be practicable and according to the judgment
and discretion of such Director; and may from time to time, with the
approval of the City Council, alter, amend, modify and increase or
diminish such rents in said scale and extend it to other descriptions
of buildings, establishments or uses; but the rents shall be so fixed
and kept that the aggregate annual amount collected therefrom, together
with the special rates hereinafter provided, shall be at all times
equal to at least 4% on the then-existing water debt of said City
over and above all expenses or repairs, maintenance, management and
salaries; but before any such annual rents shall be fixed, established
or increased by said Director, he shall give three days' public notice
in the official newspaper that he has prepared a proposed scale of
water rents and that the same is subject to the inspection of any
resident of said City for the period of at least three days at a place
to be named by said Director and that he will be present at the time
and place, which shall be named in such notice, for the consideration
of such proposed scale and for the hearing and consideration of any
complaint that may be then or there made thereto by any resident of
said City. At the time and place so appointed, he shall hear the complaints
and allegations of all parties interested and may take proof in relation
thereto and may confirm and adopt said proposed scale without alteration
or with such alteration as he may deem proper, except that he shall
not increase any rate or rates. (12-27-1988 by L.L. No. 6-1988, § 1)
Such regular water rents shall be collected from the owners
or occupants of all such buildings as shall be situated on lots, some
part of which shall be situated within 1,000 feet of some distributing
pipe or main and also from the owners of all vacant lots situated
in like manner for benefits resulting from the introduction of water
in said City, and said regular water rents shall be, like state and
county taxes, a lien and charge upon such houses, buildings and lots
as is herein provided. (12-27-1988 by L.L. No. 6-1988, § 1)
Hotels, factories, livery stables or other buildings, establishments
and trades which consume large quantities of water shall pay, in addition
to the rents established by the scale aforesaid, such sums as the
Director shall direct, which shall be paid in advance to the Supervisor
of Receipts before any permit to use said water shall be given. No
permit shall be longer than one year at a time. All water rents and
special rates shall be paid to the Supervisor of Receipts. The rules
and regulations for the use of water shall be printed on each permit
and distributed to each house and building supplied with water, which
shall be notice to the owners or occupants. Any penalty established
by said Director and approved by the City Council for any violation
of such rules may be recovered in an action at law instituted by said
Director in the name of the City of Schenectady. The observance of
said rules may also be enforced by cutting off the supply of water.
(12-27-1988 by L.L. No. 6-1988, § 1)
All water rents may be paid to the Supervisor of Receipts of
said City without any charge for collecting the same for 30 days after
said Supervisor shall have given public notice of receiving the assessment
rolls in all the daily newspapers published in said City, which notice
it shall be his duty to give immediately after receiving said assessment
rolls. After the expiration of said 30 days, the Supervisor of Receipts
may issue his warrant under his hand and the Seal of said City to
an elector of said City who, when appointed, shall be a collector
of taxes of said City or to as many of them as he shall deem necessary,
not exceeding four, commanding said officer or officers to collect
said unpaid water rents in such manner as is provided by law for the
collection of taxes by distress and sale and to pay the same to the
City Supervisor of Receipts and return such warrant within 30 days
after the receipt thereof, unless the time for the return thereof
shall have been extended by the endorsement thereon by said Supervisor.
Such collector or collectors shall, prior to the delivery of said
warrants, make and execute a bond to the City of Schenectady, approved
by the Mayor and Supervisor of Receipts as to form and efficiency,
conditioned for the faithful performance of all his duties as required
by law for collection of taxes. Such collector shall proceed in the
same manner and shall have the same power and authority for the collection
of water rents as is prescribed by law for collectors of taxes. (12-27-1988
by L.L. No. 6-1988, § 1)
All water rents which shall remain unpaid at the expiration
of 60 days from the time of the publication of the aforesaid notice
by the Supervisor of Receipts of the City of his receipt of the assessment
rolls shall have added to them 1% of the amount for each month that
the same shall remain unpaid after said 60 days, the collection of
which shall be enforced with the original assessment. The collection
of any such assessment may be enforced by a sale of the building or
lot assessed. Notice of sale shall, in all other respects, be the
same and shall be given in the same manner, and the same proceedings
for a sale shall be had and the building or lot shall be sold in the
same manner and upon the same terms and conditions of sale, and the
same conveyance shall be given and the same title acquired by the
purchaser as are prescribed by law for the sale of lands for unpaid
taxes in said City. The Supervisor of Receipts of the City shall,
on the first day of each month and at such other times as he may be
requested, report to said Director all payments of water rents and
special rates made or collected during the preceding month. (12-27-1988
by L.L. No. 6-1988, § 1)
The water rents collected as hereinbefore provided shall be
paid into the Supervisor of Receipts, and the Supervisor of Receipts
shall keep a separate account of the rents so received and all the
payments made in each year for operating the City waterworks and making
repairs or alterations to the same and the extension of the water
mains and the salaries and wages of officers, agents and employees
and other expenses connected with the waterworks system. The Supervisor
of Receipts shall make a detailed statement of the amount so received
and the payments so made to the City Council. The City Council shall
apply the surplus remaining after making such payments to the payment
of the principal and interest on the bonds issued for the construction,
extension and improvement of the waterworks system and the increase
in the water supply as they become due. The City Council shall cause
to be raised by tax upon the property within the district in said
City supplied with water by such works, in the mode provided by law
for the raising of money by taxing for the payment of the general
expenses of said City, all such sums as shall be necessary to pay
such bonds and the interest thereon as they become due after deducting
all moneys on hand applicable thereto. At the time that the annual
tax budget is presented to the City Council, there shall be presented
a statement showing the amount of money to be raised by tax upon the
property in such district for the purpose of paying the principal
and interest of such bonds as they become due, and it shall be the
duty of the City Council of the City of Schenectady to cause such
amount to be levied upon the property, real and personal in such district,
which shall be paid to the Supervisor of Receipts of said City in
the same manner and by the same means as taxes for the general expenses
of the City are now required by law to be collected and paid. (12-27-1988
by L.L. No. 6-1988, § 1)
