There shall be a Water Department headed by the Superintendent of Water. The Superintendent shall have administrative control and direction of the Department and such other functions and duties as may be assigned by the City Manager.
It shall be the duty of the Council, and it shall have the power to:
Keep the property and works belonging to the City and used and provided for the purpose of furnishing a supply of water in good order and repair and to see that all proper measures are taken to preserve the purity of the water and a sufficient supply thereof.
When the Council shall deem it advisable, cause the line of waterpipes connected with such waterworks to be laid down and extended through any of the public streets, lanes or alleys of said City.
Make such bylaws and regulations for the preservation, management and protection of the waterworks and the use and control of the water, including the installation of meters for measuring the consumption of water upon the premises of any consumer thereof, as may be deemed advisable and prescribe the penalty for any violation of such bylaws or regulations or for tampering or in any manner interfering with such water meters and to alter or amend the same at any times.
Establish a scale of annual rates to be charged and paid annually by the owners of all lots and buildings which shall be situated upon any street or avenue upon which the distributing pipes are now or may hereafter be laid and from which such lots and buildings can be supplied with water. Such water rents, together with all fees and interest thereon and the amounts due and unpaid for the introduction and measurement of the supply of water, shall be, like other taxes of the City, a lien upon the lots and buildings against which the same are chargeable. Such rents may be based on the consumption of water as measured by meters installed or may be apportioned to the different classes of buildings in the City in reference to their dimensions and the ordinary uses of water for the same and to different lots as may be practicable and may, from time to time, be modified and amended, increased or diminished as well as extended to other descriptions of buildings, factories, stables, breweries, mills, foundries and other buildings, establishments and trades which consume extra quantities of water.
The water supply pipes leading from the buildings to the distributing pipes shall be inserted and kept in repair at the expense of the owners or occupants of the buildings and shall not be inserted or connected with the main pipes until a permit therefor shall be obtained from the City Manager or other person having charge thereof, and all such connecting or supply pipes and fixtures shall be constructed under the supervision of the City Manager or a person designated by him.
The Council of the City of Newburgh is hereby authorized by its members or its authorized officers, agents or employees to enter on any land or water for the purposes of making surveys of such property as it may deem necessary for the enlargement, alteration or improvement of the waterworks.
The Council is hereby authorized to make agreement with any owner or owners of lands, lakes, ponds, springs or streams of water or other property which may be required for the enlargement, alteration or improvement of the waterworks of said City or which may be injuriously affected thereby as to the price to be paid to such owner or owners and may buy, in the name of the City of Newburgh, any such lands, lakes, ponds, springs or streams of water or other property which may be so required or any easements in any land for the purposes aforesaid, and such acquisition shall be held in the City of Newburgh for waterworks purposes.
In case of disagreement between the Council and the owner or owners of any lands, lakes, ponds, springs or streams of water or other property or easement thereon which may now or hereafter be required for the enlargement, alteration or improvement of said waterworks as to the amount of compensation to be paid to such owner or owners or in case any such owner shall be an infant or insane or absent from the state or the owner of an uncertain or contingent interest, the Supreme Court at any Special Term thereof in the Ninth Judicial District shall, on the application of either party, after 10 days' personal notice in writing or, when such notice cannot be served within this state, after three weeks' notice of such application published in one of the newspapers published in the City of Newburgh, nominate and appoint three disinterested persons Commissioners to examine such property, who, being duly sworn faithfully and impartially to perform their duties, shall estimate and report to said Court the several sums which shall be a just compensation to such owners for the appropriation to the purposes of this Act, for the waterworks aforesaid, of any lands or property or easements therein or of any lakes, ponds, springs or streams of water, or interest or estate therein, which may be required for the enlargement, alteration, improvement or betterment of said waterworks or which may be injuriously affected by any operation connected therewith; and the said Commissioners, before proceeding make such estimate, shall publish a notice once in each of two successive weeks in at least one newspaper published in the City of Newburgh, stating a time when and a place where they will meet to perform their said duties. At such time and place, they are authorized and required to take and hear such proofs and allegations as may be offered by any of the said owners, showing in what manner and to what extent they will sustain injury by reason of such appropriation rid also such proofs and allegations in relation thereto as may be offered by the City of Newburgh; and the said commissioners may adjourn from time to time as may be necessary to enable them to take such proofs.
Whenever such report described in § C9-A.64 shall have been confirmed by the Supreme Court at any Special Term in the Ninth Judicial District, upon notice of eight days in writing of the motion confirm the same served upon the attorney or attorneys of the feral parties who shall have appeared by attorney upon the hearing before said Commissioners, the said City Council may deposit as the said Court may direct or pay to the said owner or owners or to such arson or persons as the said court may direct the sum mentioned in said report, in full satisfaction for all damages sustained by such owner or owners or such person or persons and in full compensation for the property required and taken.
The authority of this Act, conferred on the Council of said City, to enlarge, alter and improve the waterworks of said City is hereby declared to include the authority to construct such additional aqueducts and reservoirs and to lay such additional mains and other distributing pipes in connection with said waterworks and to acquire the title to such lands, water and other property necessary thereto as it shall, from time to time, determine necessary for the purposes of supplying the City of Newburgh with pure and wholesome water or for the extinguishing of fires.
The Council in behalf of the City of Newburgh and all persons acting under its authority shall have the right to use the ground or soil under any street, highway or road within the Towns of New Windsor and Newburgh for the purpose of introducing water into and through any portion of the City of Newburgh on condition that they shall cause the surface of said street, highway or road to be relaid and restored to its former state and cause all damages thereto to be repaired.
Editor's Note: Former Sec. C9.68, which immediately followed this section and dealt with contaminating the water supply, was deleted from the Charter 9-14-1987 by L.L. No. 4-1987 and transferred to Ch. 295, Water Pollution. In addition, former Sec. C9.69, Extension of water or sewer service outside corporate limits, added 3-12-1984 by L.L. No. 1-1984, was repealed 12-12-1988 by L.L. No. 7-1988.
[Added 2-15-1995 by L.L. No. 1-1995]
No extension shall be made of water or sewer lines or service outside of the corporate limits of the City unless said extension shall first have been authorized by a majority of votes cast at a special election at which all qualified voters of the City shall be entitled to vote. The notice, officers, polling places, manner of conducting and other details shall be determined by ordinance of the Council.
This section is intended to apply only to agreements with individual property owners or groups of owners for utility service but not to major agreements with the adjoining towns for sharing of utility service with all or a part of such town or towns.