[Adopted 11-7-1979]
For the purposes of this article, the following terms are defined
as follows:
The Town Board of LeRoy, Genesee County, New York, or its
duly authorized representative.
The person or corporation receiving water or the authorized
agent of such person or corporation.
Water District No. 2, East Main Road, in the Town of LeRoy,
Genesee County, New York.
The person or corporation owning or leasing the property
to be served or the authorized agent of such person or corporation.
The Superintendent of Water, who is a duly authorized representative
of the Board.
No person nor corporation shall make any connection or opening
into a public water main without the written permit of the Board.
All connections to the water main and all service work on the main
or service connections within the street lines shall be done by the
district or by a contractor duly employed by the district.
A.
Applications for permits to connect to the water main and for water
for service must be made by the owner, in writing, on forms provided
by the Board and signed by the owner. Such applications shall be made
not later than two days previous to the time of such connection or
service and shall contain such information as the Board may require.
Such forms, together with this article, shall constitute a contract
between the consumer and the district.
B.
When the owner desires to use water from the water system or if he
is already a consumer and desires to extend, increase, decrease or
discontinue consumption, such owner shall inform the district, in
writing, specifying the purposes for which he desires to use the water
or the time at which he will discontinue or decrease consumption.[1]
No service connection shall be made, laid or covered, except
in the presence of the Superintendent or his authorized representative,
and covered only when he shall have specifically approved all work
and materials, thoroughly tested the same and directed its covering.
A.
Taps and connections shall be at least 3/4 inch and shall be carried
full size to the curb box.
B.
Service pipe shall be Type K copper tubing or plastic pipe with no
less than a tested strength of 200 pounds per square inch laid in
a trench not less than four feet below the surface of the earth and
shall not be laid in the same trench as any other utility entering
the building.
[Amended 9-14-1992 by L.L. No. 6-1992]
C.
For commercial and/or industrial services requiring two-inch or larger
service, cast-iron pipe may be substituted for copper, but only with
the written permission of the Superintendent and his approval of the
material, the installation and the depth of the cover.
D.
After the effective date hereof, connections from the main to a curb
box for three-fourths-inch residential connection, including necessary
pipe to the curb box, will be laid by the district at a charge to
be established by resolution of the Town Board. This charge shall
include the meter. No work shall be done by anyone, except District
employees or contractors, within the street line. A charge will be
established and may be amended by resolution of the Town Board for
all connections in excess of 3/4 inch.
A.
Permission will not be granted to supply two or more consumers from
a single tap unless a separate shutoff cock is provided for each such
consumer, and if such is located on the owner's premises, a perpetual
right-of-way must be granted to the Town by the owner.
B.
When premises are occupied by more than one consumer, a separate
meter must be installed for each consumer, unless the owner contracts
with the Board for the water for the entire building. In the event
of any such contract, a charge shall be made for water consumed in
accordance with the rates herein established, with the minimum rental
to be an amount equal to the minimum use charge herein established
times the number of units in said building.
A.
All water consumed for whatsoever purpose must be metered.
B.
The Board shall make available to consumers approved meters which
may be purchased by consumers at such price as the Board may set.
Consumers may purchase meters from independent suppliers; however,
all such meters shall receive specific written approval from the Superintendent
before being installed.
C.
Each consumer shall cause the meter to be installed at his cost.
D.
Such meter shall be of such type, design and size as shall be prescribed
by the Board.
E.
Each consumer shall be responsible to maintain his meter in proper
working order.
F.
All plans for sprinkler systems must be submitted to the Board for
approval prior to connection to the main line. Separate meters may
be required for such sprinkler systems.
No person except an authorized district representative shall
turn the water on or off at any curb box. Water will be turned on
by the Superintendent to test the pipes and fixtures before the connecting
pipes are covered and shall be turned off following such test. Permanent
service shall be provided upon final approval of the Superintendent.
A.
Persons will be allowed 30 days to pay their bills and after that
date, a penalty charge will be added to the bill in an amount set
by resolution of the Town Board from time to time.
[Amended 9-25-1989 by L.L. No. 1-1989]
B.
In the event that after 60 days from the billing date the bill has
not been paid, the water will be turned off. A charge will be imposed
for turning on water after service has been terminated in an amount
set by resolution of the Town Board from time to time.
[Amended 9-25-1989 by L.L. No. 1-1989]
C.
Any bill which is unpaid for a period of more than 60 days on October
1 in any year shall be added to the tax bill of the owner of the property
on which the water was consumed and becomes a lien on such property.
D.
The Board reserves the right to shut off the water in any street
or premises at any time that it may deem necessary, and it shall not
be responsible in any way for any damage that may result therefrom.
It shall not be necessary for the Board to give notice that the water
will be shut off.
A.
No private water system shall have any connection whatsoever with
any pipes connected to the facilities of the district, regardless
of how piped or valved. Any consumer connecting to the facilities
of the district shall have district services terminated and may be
prosecuted under Article 145 of the Penal Law.
B.
Any consumer installing any pipe, device or in any manner avoiding
the metering of all water taken from district facilities shall be
prosecuted for theft of services.
[Amended 9-25-1989 by L.L. No. 1-1989]
The following expenses shall be borne by the district:
A.
Cost of making taps, to be reimbursed at the rate set by the Board
by the consumer, for any tap made after the effective date hereof.
B.
The district shall repair only normal mechanical defects in meters,
and any damage caused by the negligence of or abuses by the consumer
shall be charged to the consumer at such rate as may be determined
by the Board.
The following expenses shall be borne by the owner:
A.
Materials and labor in laying and maintaining the service pipe from
his premises to the curb box opposite his premises.
B.
Water rental, based on the rates herein established.
C.
Purchase of meter (cost included in tap charge as established by
the Board).
D.
The charge for turning on the water after it has been turned off
due to delinquency, in an amount set by resolution of the Town Board
from time to time, and all arrearage penalties or back rent of whatsoever
nature.
E.
The cost of installation of any repairs to meters, except for mechanical
defects.
F.
Any and all expenses or costs in relation to pushing or boring beneath
any road surface to connect a service pipe to the water main.
A.
All water rentals will be charged to the owner and statements rendered
to the consumer.
B.
Water rentals of all kinds shall become due on the first days of January, April, July and October, and in all cases where bills remain unpaid for a period of 60 days after becoming due, the Superintendent may shut off the water at the curb connection, and in no case will service be resumed until the entire overdue bill and a fee, in an amount set by resolution of the Town Board from time to time, as mentioned in § 157-41, is paid.
[Amended 9-25-1989 by L.L. No. 1-1989]
C.
Rates for water used by individual consumers living outside of the
district shall be 100% greater than those living in the district.
The Town Board reserves the right to refuse water to anyone for consumption
outside of said district.
D.
Rates. Rentals for water shall be paid quarterly according to the
rates set by resolution of the Town Board from time to time.
[Amended 9-25-1989 by L.L. No. 1-1989]
E.
Each quarterly bill will be for water used in the preceding quarter.
A.
Consumers desiring to discontinue the use of the water wholly or
in part on account of the vacancy of the premises in which it is used
will, if due written notice be given the Superintendent, be allowed
a pro rata reduction in the minimum charge during such vacancy, but
no rebate will be made or allowed for vacancy of less than four weeks.
B.
In all cases where the premises are to be entirely vacated for such
a period, such notice shall so state, and the Superintendent, if requested,
shall shut the water off at the curb.
C.
In the event no such notice is given, the owner will be held responsible
for such water rent at the full amount and also for any waste that
may occur on account of freezing or bursting of the pipes.
In case of fire or an alarm of fire, all water consumers shall
cease the use of water for all but essential or critical purposes
for the duration of the fire, in the interest of keeping up a strong
and effective pressure for fire purposes.
A.
No person except the Superintendent or persons acting under his direction
or with his permission shall open any fire hydrant or draw water therefrom,
except the Chief of the Fire Department and his assistants. In no
case shall any other person or persons be allowed to manipulate or
interfere with any such hydrants or any gate, valve or other fixture
of said waterworks. Such hydrants shall not be obstructed for any
reason, and no person shall use such hydrants for any purpose whatsoever
without specific permission of the Superintendent.
B.
Any person who shall deface, injure, disturb or interfere with any
machinery pumps, buildings, gates, hydrants or valves of any part
of the system of waterworks may be prosecuted under §§ 120.20,
120.25 or Article 145 of the Penal Law.
[Amended 9-25-1989 by L.L. No. 1-1989]
Persons desiring to use water for residential building purposes
will be required to make application to the Board, stating the name
of the owner of the property, its location, the intended use and length
of use. On receiving a permit, a fee will be required to be paid in
the amount as set by resolution of the Town Board from time to time
for each month or part thereof unmetered water is to be taken. The
Board, in its sole discretion, may cancel such permit and stop the
supply of water at any time such privilege is abused. Commercial and
industrial building uses may be similarly permitted; however, the
fee shall be charge in an amount set by resolution of the Town Board
from time to time.
The following rights are reserved by the Town Board:
A.
To amend this article including water rates, at any time, upon proper
notice.
B.
To order existing service pipes and fixtures to be replaced with
acceptable material, as determined by the Superintendent.
C.
To have free access to enter the premises of any consumer at any
reasonable time for the purpose of inspection, reading or removal
of meters.
D.
To enter into contracts with other persons, firms, corporations or
water districts for supply of water to such districts, persons or
corporations outside the district, under such terms and conditions
as shall properly protect the interest of the district.
[Added 8-25-1986]
Open cuts across, in or through state, county or Town highways
or roads shall be prohibited, and all connections to water mains shall
be made by boring beneath said roads or highways.
