The lamp district and the water district as now established in said city shall continue, but subject to the powers of the Common Council to enlarge, alter or discontinue the same or any part of either thereof. The Common Council shall have power to prescribe the boundaries of the lamp and water districts and to alter and extend them from time to time, and to discontinue any that may have been erected. Said districts shall consist of such territory within said city as the Common Council shall deem to be benefited by the lamps or waterworks respectively. It shall cause descriptions of the boundaries of all such districts, and of the alterations and extensions thereof, to be made, and copies thereof to be filed with the City Clerk. [§ 190, L. 1911, c. 870]
No lamp or water district shall be erected, altered, extended, or discontinued, except by a vote of 2/3 of the members elected to the Council; nor shall the Council finally act in such matter, without a previous notice of six days in the city paper of its intention so to do, and it shall allow all parties interested a hearing before its final action. [§ 191, L. 1911, c. 870]
When a lamp district has been extended, the expenses of the city of the extension and of the necessary materials, fixtures and labor expended in the organization of the new portion of the district, and of lighting such portion, until the first day of June thereafter, shall be assessed upon the real estate of such new portion as though it was a district by itself, and the same shall be assessed and collected as provided in this act in respect to assessments for local improvements. [§ 192, L. 1911, c. 870]
The Common Council shall cause the lamp districts to be lighted when necessary for the convenience of the inhabitants of said city and may contract with any person or corporation for the lighting of said district or any part thereof with oil, illuminating gas, electricity or other material or system, on such terms and for such time, not exceeding three years, as it may deem for the best interests of the city. For all the expenses of light, lighting, care, materials, repairs, maintenance and all other expenses of the lamp district, the Common Council shall not expend in any fiscal year a sum exceeding the amount fixed in the tax budget as confirmed by the Common Council for such fiscal year. Provided, however, nothing herein contained shall prevent the city from making sums available for any of such purposes pursuant to § 29.00 of the Local Finance Law. [§ 193, L. 1911, c. 870; amended by L. 1943, c. 710]
The Common Council shall annually cause 1/2 of the sum necessary to be paid for lighting the lamp district, and all other expenses of maintaining it, to be assessed upon the taxable property in said district, as the same shall exist on the first day of June in each year, which tax shall be assessed by the Board of Assessors; and all such assessments shall be entered in a separate column upon the general tax rolls of the year, and shall be levied, collected and paid into the treasury, in the same manner as the general city tax. [§ 194, L. 1911, c. 870]
Whenever the lamp or water district shall be extended over the whole city, the expense of the maintenance and supply thereof shall become a charge upon the city, and the local district assessment therefor shall cease. [§ 195, L. 1911, c. 870]
The Common Council shall have power to pass such ordinance as it may deem necessary for the care and protection of the public lamps and all appurtenances thereof, or apparatus or machinery whatsoever connected or used therewith, and may provide for punishing any person willfully interfering with or injuring or destroying the same, or any thereof, by penalty, fine or imprisonment, or any or all thereof. But for any one offense such penalty or fine shall not exceed the sum of $100, nor such imprisonment exceed the term of six months. Any such penalty, fine or imprisonment imposed under this section shall be in addition to any other punishment or liability provided by law. [§ 196, L. 1911, c. 870]
The city may purchase, construct, maintain, and regulate waterworks for supplying said city and its inhabitants with water and may purchase, lease or otherwise acquire such lands, easements, property, tenements, hereditaments, rights, privileges and franchises, as may be required therefor, within the Counties of Niagara, Erie and Genesee; and in case the city is unable to agree upon the terms of purchase or lease of such property, it may acquire the same by condemnation proceedings. For the purpose of securing a supply of pure and wholesome water in and for said city for public and domestic purposes, the Common Council may and it is hereby authorized to acquire, construct, maintain, control, and operate a system of waterworks, with pumping stations, conduits, reservoirs and other requisites to furnish the City of Lockport with water from any source in Niagara, Erie or Genesee Counties, or any body of water adjacent thereto. The Common Council and all persons acting under its authority and direction shall have the right to enter, appropriate, occupy and use any public street, highway, avenue, road or other public ground, for the purpose of constructing, maintaining and operating such waterworks in the counties aforesaid, but shall, in all cases, restore the same to its former state of usefulness. A contract or agreement shall not be entered into under this section which shall require an expenditure of more than $500, without first advertising for at least 60 days for proposals to enter into contract for the work or materials required, and all such contracts shall be let to the lowest bidder, who shall furnish such security for faithful performance as shall be approved by the Council, and the Council may reject bids, in its discretion, and readvertise for proposals. Upon the construction and completion of such waterworks, the same shall be operated and controlled by the Board of Water Commissioners of the said city. All moneys required to pay the charges and expenses of maintaining and operating such waterworks, over and above the receipts therefrom, shall be raised by general tax upon the real and personal estate within said city, as the same may from time to time be bounded. [§ 197, L. 1911, c. 870; amended by L. 1943, c. 710]
The Superintendent of Waterworks shall, on or before the first day of June in each year, make and present to the Mayor an estimate in writing of the amount deemed by said Superintendent necessary to be raised to defray the expenses of the operation, supervision and management of the waterworks and appurtenances, and the alterations and repair thereof necessary to be made during the next ensuing fiscal year. The Common Council shall have power, in each fiscal year, to raise by tax a sum, to be known as the Water Fund; and so much thereof as may be necessary therefor shall be used to pay the necessary expenses of operation, supervision and management of said waterworks and their appurtenances and the repairs thereof during said fiscal year. There may be included in the Water Fund an appropriation for alterations to the waterworks and appurtenances. [§ 200, L. 1911, c. 870; amended by L. 1919, c. 316; L.L. No. 3-1930; L. 1943, c. 710]
The Common Council may order an extension of the waterworks, as a local improvement, the expenses thereof to be assessed upon and borne by the real estate it deems benefited thereby, and in such case the provisions of Article X of this act shall apply to said extension in all things, except that the plan and specifications therefor shall be prepared by said Common Council, or such persons as it shall designate. [§ 201, L. 1911, c. 870; amended by L.L. No. 3-1930]
The Mayor with the consent and approval of the Common Council shall appoint some competent person, being a resident of said city, as Superintendent of Waterworks; and from time to time such employees and assistants as may be necessary for the management, operation and care of the waterworks. Said Superintendent, employees and assistants shall severally hold their offices or positions during the pleasure of the Mayor and Common Council. The salary of said officials shall be fixed by the Common Council. [§ 202, L. 1911, c. 870; amended by L.L. No. 2-1930]
The Superintendent of the waterworks or any assistant or employee appointed by the Common Council who may be thereto required by said Common Council shall, before entering upon the duties of his office or employment, execute and file with the Clerk of said city a bond to said city in such penal sum as the Common Council may direct, and with such sureties as it shall approve, conditioned for the faithful discharge of the duties of his office or employment, as the case may be, and for the proper payment of all moneys received by him belonging to the city, and that he will account therefor whenever required by the Common Council. [§ 203, L. 1911, c. 870; amended by L.L. No. 3-1930]
The Common Council shall have power to fix, prescribe and regulate the rates and charges for the use of water in said city, and fix the compensation, prescribe the duties and make rules and regulations for the government of said Superintendent, assistant or employees, and from time to time to alter said rates or amend or abolish said rules or any part thereof. [§ 204, L. 1911, c. 870; amended by L.L. No. 3-1930]
At some regular meeting of the Common Council, in the months of January, April, July and October of each year, and at such times as the Common Council may require, the Superintendent of Waterworks shall report to the Common Council a statement of the condition of the waterworks and the receipts and expenditures of the Water Department for the three months next preceding the first day of the month in which such report is made. The Common Council shall publish such reports as a part of its proceedings. [§ 205, L. 1911, c. 870; amended by L.L. No. 3-1930]
Applications for water shall be made to the Superintendent of Waterworks and shall be for the period of one year, commencing either on the first day of June or on the first day of December next following the date of the application. All water rates not exceeding $10 shall be payable on the first day of July in each year, or at the time when applications for water shall be made. All water rates exceeding $10 shall be payable half yearly in advance on the first day of June and December in each year. The applicant, if rate exceeds $10 at the time of applying, shall pay to such person as may be designated by the Common Council to receive the same, six months' water rate, and in case he shall desire to use the water before said first day of July or January, as the case may be, he shall also pay in addition thereto a pro rata rate for such time as said applicant shall desire to use the water prior to said day. The person designated by the Common Council to receive said money shall immediately upon receipt thereof report and pay the same to the City Treasurer, specifying from whom and the premises for which the payment is made. All water rates received by the City Treasurer shall be placed to the credit of the Water Fund. It shall be the duty of the Common Council to perform all the clerical labor of making out the water rolls and serving the notice of their completion. The Common Council shall have power to grant to builders, and in other special cases, water permits for a less term than one year, and payment in such cases shall be made as the Common Council may direct. [§ 206, L. 1911, c. 870; amended by L.L. No. 3-1930]
On or before the first day of each month, in each year, the Superintendent of Waterworks shall prepare and deliver to the City Treasurer a certified list of all water rates due and outstanding as of the said aforementioned dates, including therein all water rates in arrears, showing the names of several persons from whom the same are payable; and the Superintendent of Waterworks on the same day shall notify the several persons named in said list from whom such rates are due, of the amount due, together with any fees and/or penalties, from each, respectively, and that the same may be paid to the City Treasurer within 30 days from the billing date shown on said notice without additional fees; provided however, that payment enclosed in postpaid envelope, properly addressed to the City Treasurer, deposited in an official depository under the exclusive care and custody of the United States Post Office and bearing a postmark on or before the expiration of said thirty-day period shall be considered as having been received within such period, and thereafter the amount shown in said notice as the "total current bill" will be considered as in arrears and that ten-per-centum fees will be added thereto and be collectable therewith. Said notices shall be written or printed, and shall be addressed to the party responsible for the payment of the said unpaid water rates and be deposited in the post office in said city. In case of a change in the person or firm responsible for the payment of said water rates, it shall be the duty of the successor to notify the Superintendent thereof, forthwith, and if such notice be not given, a notice by the Superintendent as above addressed to the applicant or the person who paid the last previous water rate for the premises in question, shall be a full and sufficient notice under this section. [§ 208, L. 1911, c. 870; amended by L.L. No. 3-1930; L.L. No. 2-1947; L.L. No. 1-1970; L.L. No. 2-1982]
It shall be the duty of the City Treasurer, during the said term of 30 days, to receive such water rates as may be offered to him at his office, together with any fees and/or penalties which may be stated on the notice transmitted to the party responsible for the payment thereof by the Superintendent of Waterworks and any fees and/or penalties which may have accrued during the interim; after the expiration of said term the City Treasurer shall deliver to the Superintendent of Waterworks the aforesaid list of water rates with a certification to the effect that the payments therein listed constitute all of the payments received by him during such thirty-day period. [§ 209, L. 1911, c. 870; amended by L.L. No. 2-1947]
It shall be the duty of the Superintendent of Waterworks, upon receiving such list of water rates from the City Treasurer, to notify in writing the several persons whose accounts remain unpaid that payment thereof shall be made within 30 days from the date of said notice and that the failure to receive payment thereof shall result in the cutting off of their water supply without further notice at the termination of said 30 days from the date of said notice; a charge will be made for the restoration of such water service. [§ 210, L. 1911, c. 870; amended by L.L. No. 3-1930; L.L. No. 2-1947]
In case an action is begun to recover any unpaid water rate, it may be brought in any court having jurisdiction, and shall be in the name of the City of Lockport as plaintiff, and the proceedings therein shall be as in other civil actions; if judgment be given in such action for the plaintiff, it shall be for the amount of the unpaid water rate, and said ten-per-centum fees in addition thereto, as damages. When collected, said water rate and said ten-per-centum fees shall be paid to the City Treasurer. [§ 211, L. 1911, c. 870]
No application for water shall be granted to any person who shall be in arrears on any previous application for water or for any water rate, nor until the applicant has paid all costs, charges and expenses, if any there be, incurred by any previous cutting off of the water from any premises on account of such arrearage. [§ 213, L. 1911, c. 870]
The presenting of any application for water to the Superintendent of Waterworks and the granting thereof by him and the actual use of water pursuant to such grant, in or upon the premises of any person, shall render said applicant and said person using the water liable to said city to the amount of the prescribed water rate for said premises for the water year next following such application, as hereinbefore provided; and every application for water shall be construed to run from year to year, without further application; and every applicant or person using the water shall at all times be liable to the said city for the water rate for the then next following water year, unless prior to the end of the then current water year he shall notify the Superintendent of Waterworks of his intention to discontinue the use of the water at the end of the then current water year. [§ 214, L. 1911, c. 870; amended by L.L. No. 3-1930]
All claims against said city growing out of or in any manner arising from the waterworks, or the operation, supervision, management, alteration or repair thereof, shall be presented to the Superintendent of the waterworks for examination before the same shall be submitted to the Common Council for audit. [§ 215, L. 1911, c. 870; amended by L.L. No. 3-1930]
The Superintendent of Waterworks shall keep an account of all its receipts in proper books to be by him provided therefor, in such a manner as at all times to show the exact amount of moneys received by him. Said book shall at all reasonable hours, on all days except Sundays and legal holidays, be open to the inspection of the Mayor, Aldermen, Corporation Counsel and any person designated by the Common Council. [§ 216, L. 1911, c. 870; amended by L.L. No. 3-1930]
All water rents and the interest and charges thereon, until paid, shall be a lien upon the land and buildings where the water was consumed or supplied. The word "water rents" whenever used in this Article shall include uniform monthly, semiannual and annual charges and extra and miscellaneous charges for the supply of water; charges in accordance with meter rates and minimum charges for the supply of water by meter; annual service charges and charges for meters and their connections and for their setting, repair and maintenance; penalties and fines and all lawful charges for the supply of water. [Added by L. 1935, c. 572]
The amount received from the collection of water rents, bills for the use of water and other income derived from the waterworks system shall be kept in a separate fund and called the Water Fund. The said fund shall be applied only for the following uses and purposes:
1. 
For the payment, when due, of the interest on bonded and other indebtedness incurred or owned for water purposes.
2. 
For the creation and maintenance of a sinking fund to meet the redemption of all bonds hereafter issued for water purposes, including bonds reissued or refunded, by setting aside annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds in their maturity, and also for the purpose of making the payments required by law into the sinking funds which have been heretofore created for the purpose of redeeming bonds issued to provide for the supply of water.
3. 
For the expenses of repairing, maintaining and increasing the waterworks system and for the necessary charges and expenses incident thereto.
4. 
All surplus funds remaining after the above payments have been made shall be designated as profits resulting from the operation of said water system and may be appropriated by the Common Council for general municipal purposes or may be paid into a capital reserve fund, a repair reserve fund or into a tax stabilization reserve fund, as provided for by the General Municipal Law of the State of New York. [Added by L.L. No. 3-1947]