[HISTORY: Adopted by the Board of Trustees of the Village of Canton 11-10-1975
by L.L. No. 5-1975 as Ch. 145 of the 1975 Code; amended in
its entirety 1-17-1983 by L.L. No. 1-1983.
Subsequent amendments noted where applicable.]
A.
The following rules and regulations as established by
the Board of Trustees of the Village of Canton, or as hereinafter amended
or modified, are hereby made a part of any and all agreements or contracts
with each consumer, property owner, taker or user of water furnished directly
or indirectly from the mains of said Village.
B.
Each and every consumer, property owner, user or taker
of water from the Village water system shall be in all respects bound by and
shall be considered to have agreed to the rules, regulations, requirements
and schedules of water rates and other charges as hereinafter set forth, or
amended or modified by the Board of Trustees, as a condition precedent to
the rights of service from said water system.
C.
CONSUMER
PROPERTY OWNER
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
Any person, firm or corporation who takes and uses water furnished
directly or indirectly from the mains of the Village to their residence, business
or other premises.
Any person, firm or corporation that owns real property to which
the Village provides water service by permanent connection from the mains
of the Village.
A.
Those desirous of making permanent connections to the
mains of the water system of the Village should make application for permission
therefor and shall pay the Board at the time of making said application the
sum of $5 for each connection which must be made. The aforesaid refers to
any installation where part of the service as extending from the distribution
main to the curb stop is under the highway. Nothing in this section shall
be construed, however, as prohibiting the Water Superintendent from requesting
a greater charge for connections to the Village mains when, in his opinion,
conditions or other circumstances are such that a greater charge is merited.
It shall be in the discretion of the Water Superintendent to fix and determine
the charges for this service.
B.
The charge for making a permanent connection to the main
of the water system of the Village of Canton within the Village of Canton
is $35 for each connection, plus cost of labor and materials furnished by
the Village of Canton. Those desirous of making permanent connection to the
water main of the Village of Canton outside of the Village of Canton shall
pay the sum of $70 for the tap plus the cost to the Village of the meter and
the cost of the labor and materials furnished. Said meter shall be the property
of the Village and said sum shall be paid by the property owner and shall
be a reasonable rental of said meter.
C.
All work incident to the digging of the trench, the laying
of pipe and the backfill in making the connections referred to hereinabove
and the installation of the water meter shall be at the sole expense of the
applicant and must be performed to the satisfaction and under the supervision
of the Village Water Superintendent or his representative. At the time of
making such application for such connection, there shall be deposited with
the Village Clerk the sum of $50 to be applied by the Village towards the
cost of relaying the road beneath which the connection is to be made. Any
amount expended therefor shall, on the completion thereof, be returned to
the applicant.
D.
No person or persons shall make any connections to the
mains of the water system of said Village, except the duly authorized representatives
of the Village of Canton. Any person violating any of the foregoing provisions
shall be guilty of disorderly conduct and subject to a penalty of not less
than $25 for the first offense and $50 for each additional offense.
E.
The installations of the service pipe from the curb box
to the meter shall be performed to the satisfaction of the Village and its
representative. The curb stop shall remain closed and shall not be opened
by any other than a Village employee.
F.
All materials used, the method and manner of placing
same and the general arrangement and progress of work shall conform to the
specifications hereinafter set forth in these regulations.
G.
No work shall be performed until the owner or applicant
has obtained the necessary street opening permit from the proper authority.
H.
Except with the written permission of the Village of
Canton, a separate tap and service shall be installed for each premises located
on a street in which there is a Village water main, and no consumer will be
allowed to supply water to another person or premises. When the word "premises"
is used herein, it shall be taken to designate a building under one roof owned
or leased by one party and occupied as a residence or for business, commercial,
educational or governmental purposes. Each premises having its own frontage
upon a street upon which there is a water main shall have its own individual
service; except, however, that in all cases where two or more buildings in
the same lot have frontage on the street upon which there is a water main,
the buildings which do not have a water service may connect to the waterline
of the building having such service, provided that when such connection is
made, due notice is given to the Village by the party so connecting before
any water is drawn from the connection so that the Village may require a separate
meter for each building using water under such conditions. Any person who
violates the provisions of this subsection shall be guilty of disorderly conduct
and subject to a penalty of not less than $25 for the first offense and a
penalty of $50 for each additional offense.
I.
The minimum size service pipe to be installed shall have
a diameter of 3/4 inch, and in making an application the applicant shall state
the size of the service desired.
J.
No connection of any kind shall be made to the service
pipe between the main and the meter.
K.
Where an application is made for a connection for which
an existing service pipe is provided to the curb box only, all work shall
be performed in accordance with these rules and regulations and specifications
as far as they are applicable. The connections shall be the duty of the applicant
or his agent to determine that the portion of the connection previously installed
is in satisfactory condition and to make any repairs thereto which may be
required by the Village or its representative, all of which shall be at the
expense of the applicant. Detailed methods of connection to the existing service
pipe shall be in accordance with the instructions of the Village or its representative.
The applicant must pay the charge which was applicable to the service connection
previously installed, upon application for such service connection.
L.
Where an application is made to increase the size of
the service pipe, or for any other change to be made in said pipe which serves
any consumer, the corporation cock controlling such service must be closed
at the main prior to any withdrawal of water through the reconstructed service
pipe.
Those desiring the use of water for temporary purposes, other than temporary
connections to the main, shall make application therefor to the Board of Trustees
setting forth in detail the reasons therefor and the exact use which is to
be made of the water, and the Board may issue the necessary permit under such
terms and conditions as it may determine.
Except in cases of fire, no person or persons shall take water from
the fire hydrants of said Village for any purpose whatsoever without having
obtained a special permit from the Clerk of said Village, which permit shall
be conditioned in accordance with the circumstances involved at the discretion
of the Board. In case of fire, said fire hydrants shall be opened and water
taken therefrom only by Village employees or active members of the Fire Department.
Any person violating the provisions of this section shall be guilty of disorderly
conduct and subject to a fine and penalty of not less than $25, for the first
offense and $50 for each additional offense.
No work shall be performed upon the Village mains or upon the services
connected thereto between the main and the curb stop except by employees or
agents of the Village of Canton.
The consumer or property owner is required to notify the Village of
any leak occurring in, or damage to, the service line, in which case the water
will be turned off at the curb stop and remain turned off until the leak is
repaired or the damage restored to the satisfaction of the Village. All repairs
to the service line between the curb stop and the meter shall be made by the
consumer or property owner at his own cost and expense. The repairs to the
service line between the main and the curb stop shall be made at the expense
of the Village. In all cases, repairs shall be made in conformity with the
specifications for new services insofar as they may be applicable. Nothing
in this section shall be construed as violating any agreement heretofore entered
into between consumers served through improved and accepted services and the
Village of Canton, nor is anything in this section to be construed as affecting
any future agreements similar to the ones heretofore executed.
In case it is desired to abandon a service, the Clerk of the Village
of Canton shall be notified and the service will be disconnected at the main.
The work shall be performed at the expense of the property owner. No new service
pipe will be provided for an applicant while a discontinued service is not
disconnected in accordance with this provision.
The Board of Trustees of the Village of Canton shall have control of the installation, maintenance, repair and adjustment of taps, main, curb boxes, service pipes and meters. The Board of Trustees of the Village of Canton shall not be responsible for breaks, obstructions or intermission in service arising from any cause whatsoever, except that it may take such steps as are reasonable, upon proper notification, to make such repairs as may be necessary to restore service from the main to the curb stop. Charges for such repairs are to be made in accordance with § 318-6 of this chapter.
Service shall be controlled at the curb stop, and water will be charged
for as long as the curb stop is open. The water shall be turned off and on
only by employees of the Village of Canton and only after the Village Clerk
has received a request for such action by the property owner or consumer.
Violations of this rule shall be sufficient cause for discontinuing the service,
in addition to which a penalty of $25 shall be imposed for the first offense
and $50 for each additional offense.
The Board of Trustees of the Village of Canton shall not be liable for
any damages which may result to consumer's pipes, appliances or other
fixtures from the shutting off of water mains or service pipes for any purpose
whatsoever, whether previous notice has been given or not. No deductions from
the service charge will be made for periods when the service is shut off.
In cases where coils or other devices are installed in heading furnaces
or separate devices for the purpose of providing domestic hot water, approved
check and relief valves must be installed at the expense of the property owner
in the supply or feed pipe between the meter and the source of heat. This
is not only to be installed at the expense of the owner, but also at his peril.
The Board of Trustees of the Village of Canton assumes no responsibility for
the proper operation and function of said valves.
In cases where boilers or other special equipment are supplied with
water, a suitable valve or other device must be installed at the expense and
peril of the property owner to prevent collapse or explosion in case the water
is shut off in the street mains.
The Board of Trustees of the Village of Canton and its officers and
employees shall not be held liable for any damage sustained by reason of its
failure to supply water to any consumer at any time or for any cause. It reserves
the right to control the amount of water supplied in the event that the supply
becomes short for any reason. It especially reserves the right at any time
it is considered necessary to prohibit the use of water for sprinkling of
lawns or gardens or for any other purpose.
The Board of Trustees of the Village of Canton does not guarantee service
from the street main to the meter or through the house or through any piping,
valves or connections therein.
The Board of Trustees of the Village of Canton shall be the sole judge
as to the meaning of these rules and regulations. Its interpretation shall
be final and binding upon all applicants for water service and upon all consumers
and property owners.
A.
Meters to be used within the limits of the Village of
Canton shall be furnished by the Village and shall remain the property of
the Village. Meters used outside the Village shall remain the property of
the Village, and the cost of said meter to said Village shall be furnished
by the property owner upon installation, which cost shall be treated as a
reasonable rental of said meter.
B.
All water meters of 5/8 inch or 3/4 inch or in excess
shall be paid for by the user.
A.
Meters shall be of the size determined by the requirements
of each particular installation and shall be adequate for delivering and measuring
accurately the peak loads which they may be required to handle.
B.
In case of installation having 3/4 inch service pipes, the requirements of Subsection A of this section will usually be deemed to have been met where the meter is of 5/8 inch size with 3/4 inch connections.
C.
In the case of installations having service pipes larger than 3/4 inch, the requirements of Subsection A of this section will usually be deemed to have been met when the meter is of the same size as the service pipe.
D.
Where the service pipe is larger than 3/4 inch, a meter
of smaller size than the service pipe may be used, provided that the consumer
or property owner shows, to the satisfaction of the Board of Trustees of the
Village of Canton, that the draft through the meter only rarely exceeds the
amount specified by the following table:
|
Size of Meter
(inches)
|
Maximum Allowable Draft
(gallons per minute)
| |
|---|---|---|
|
5/8
|
20
| |
|
3/4
|
34
| |
|
1
|
53
| |
|
1 1/4
|
72
| |
|
1 1/2
|
100
| |
|
2
|
100
| |
|
3
|
315
| |
|
4
|
500
|
A.
The service connection and the plumbing in the building
to be served shall be so arranged that the meter can be placed in a horizontal
position not more than three feet from the point at which the service enters
the building. There shall be installed by the owner a suitable stop and waste
valve between the point where the service enters the building, and the meter
must at all times be within clear view of the meter.
B.
Prior to the installation of a meter, the owner will
be required to construct and/or install at his own expense and in accordance
with the plan adopted by the Board of Trustees of the Village of Canton all
pipes and fittings involved in placing the meter in the waterline. Said plan
shall be available for inspection at reasonable times at the office of the
Village Clerk, and copies of said plan shall be prepared for distribution
to owners. Upon application by the owner, the Village shall furnish, at its
own expense, two connection nuts, two washers and one straight swivel for
use by said owner in preparing his waterline for the installation of a meter.
C.
In any instance where water service lines (or distribution
lines) used by the owner are larger than two inches diameter and where there
shall be in excess of 1,000 feet of water distribution piping, the owner will
be required to construct, at his own expense, a suitable meter pit in accordance
with the standard set up by the Board of Trustees of the Village of Canton.
The design, installation and site of such meter pit shall be the responsibility
of the property owner, subject to approval of the Board of Trustees. For any
installations required of existing services, the Village Board of Trustees
shall establish a time schedule for the implementation of this section.
[Amended 8-15-1983 by L.L. No. 4-1983]
Employees or agents of the Board of Trustees of the Village of Canton
may enter the premises of the consumer at any reasonable time to examine the
meter and its connections and to determine the quantity of water used and
the method and manner of its use. The hours between 8:00 a.m. and 6:00 p.m.
shall be considered reasonable hours for this purpose.
Damaged meters shall be repaired by the Board of Trustees of the Village
of Canton at the expense of the consumer or property owner, except where the
damage is caused by ordinary wear and tear.
A.
All persons are forbidden to interfere with or remove
a water meter from any service. Any person violating the provisions of this
section shall be guilty of disorderly conduct and subject to a fine and penalty
of not less than $25 for the first offense and $50 for each additional offense.
B.
No seal placed by the Board of Trustees of the Village
of Canton for the protection of any meter, valve, fitting or other water connection
shall be tampered with or defaced. It shall not be broken, except in written
authorization from the Board of Trustees of the Village of Canton. Where the
seal is broken, the Board of Trustees of the Village of Canton reserves the
right to order the meter removed for testing at the expense of the consumer.
C.
Whenever a seal on a water meter shall be found to be
broken, it shall be presumptive evidence that it was broken by the owner or
occupant of the premises in which it is located. Any person violating the
provisions of this section shall be guilty of disorderly conduct and subject
to a fine and penalty of not less than $25 for the first offense and $50 for
each additional offense.
Should it be desired by the consumer or property owner to discontinue
the use of water, the Clerk of the Village of Canton shall be notified in
writing as to the desired time and place at which the service is to be discontinued.
The Clerk shall cause a Village employee to shut off the service at the curb
box. When it is desired to resume service, similar notification shall be given
to the Clerk, and, upon payment of all indebtedness, a Village employee will
turn on the water at the curb box. The charge made for turning on the water
shall be $1 during regular working hours.
A.
It is the policy of the Board to make periodic tests
at approximately three-year intervals of all meters of a size of one inch
and smaller without specific charge to the consumer. There shall be, however,
no obligation upon the Department to make these tests, nor shall the failure
to do so give rise to the assumption that the meters are in any way out of
order or incorrectly registering.
B.
If a meter is removed for testing at the request of a
consumer or owner of property, $5 shall be deposited at the office of the
Board of Trustees with the request for such test. If upon testing the meter
is found to be over-registering, the above deposit shall be returned and a
new meter reset without charge and the bill corrected. If, on the other hand,
the meter is found to be correct or under-registering, the above-mentioned
deposit shall be retained by the Village to cover the cost of testing.
C.
If there should be a disarrangement of the meter or faulty
registration of the quantity of water consumed for the current quarter, the
correct amount shall be taken to be that of the registration plus the deficiency,
or less the excess, that subsequent readings of the meter shall indicate;
and if it is found that the meter is stopped or failed to register, the quantity
of water consumed shall be taken to be the same as that of the corresponding
quarter of the previous year and the bill rendered accordingly.
D.
It is the policy of the Village Board to make periodic
tests at approximately five-year intervals of all meters of a size larger
than one inch. There shall be, however, no obligation upon the Department
to make these tests, nor shall the failure to do so give rise to the assumption
that the meters are in any way out of order or incorrectly registering. When
the Department does require such test of said meters, it shall be the responsibility
of the owner of said meter to pay for the cost of testing these meters.
A.
Where repairs to meters are necessitated by the normal
deterioration of the meters through use, the cost of repairing such meters
shall be borne by the Village of Canton.
B.
Where repairs to meters are necessitated by neglect on
the part of the consumer or property owner such as damage done by freezing
or by hot water backing through the meter or actual breakage, the consumer
or property owner shall be charged for the cost of the repair work. Such cost,
however, shall not exceed the cost of purchasing a new meter of the same size.
When bills are desired by the consumer or property owner at other than
regularly specified times, such service may be rendered after receipt of a
written request to the Board of Trustees of the Village of Canton. No charge
shall be made for such service, provided that the bill is paid within 30 days
of the date of reading; otherwise, a charge of $2 shall be made.
The Village of Canton does not assume responsibility for frozen services
notwithstanding the fact that the installation of any service which may subsequently
become frozen had been installed and/or approved by its representatives.
A.
Each property owner will, unless it is otherwise provided,
receive a bill for water quarter-annually, the same to be due and payable
upon presentation. Each of these bills shall include the charge for water
consumed as well as any other charges which the consumer may have incurred.
B.
In any case where the amount of water used is of such
quantity that the Village shall deem it advisable to issue a bill monthly,
it shall be done notwithstanding the provisions of the foregoing subsection.
The decision of the Village Board shall be binding, and the bills shall become
due and payable upon presentation.
C.
The responsibility for payment of all bills rests upon
the owner of the premises, and he shall be liable for all charges when due
and payable, and such charges shall be a lien upon the premises until fully
paid.
D.
Failure to receive a bill does not entitle any consumer
or property owner to avoid the penalty as hereinafter provided. The Board
of Trustees of the Village does not guarantee billing or delivery of bills
to any consumer or property owner.
A.
Billings shall be rendered on the fifth day of the month.
Payment shall be due by the 25th day of the month in which the bill is rendered.
Any bill which has not been paid by the 25th day of the month in which it
is rendered shall be subject to a penalty of 10% of the full amount of the
bill. The penalty shall go into effect on the 26th day of the month in which
the bill is rendered.
[Amended 11-30-1995 by L.L. No. 9-1995]
B.
Notwithstanding the provisions of the foregoing subsection,
there shall be a penalty of 10% added to any current bill if any previous
account of the party of whom the bill is rendered has not been paid in full.
Unpaid bills for water service charges or other charges incurred by
the consumer are a lien upon the property. The Board of Trustees of the Village
of Canton may enforce the collection of unpaid bills by cutting off the supply
of water after penalties start to accrue on the unpaid bills.
A.
In cases where it is desired to install connections to
a private fire protection system, written application shall be made to the
Board of Trustees of the Village of Canton setting forth the details thereof.
The application shall be accompanied by a sketch or diagram showing the plan
of the system to be installed. This plan must be approved by the Board of
Trustees of said Village previous to any work being done.
B.
The Board of Trustees of the Village of Canton reserves
the right to impose specific regulations in connection with the supply to
private fire protection systems.
C.
The rates for such service shall be as follows:
(1)
Sprinkler systems shall be charged a monthly rate based
on the riser sizes for such sprinkler system as provided in the following
schedule. Billing, however, shall be quarterly.
|
Diameter of Riser
(inches)
|
Monthly Rate
| |
|---|---|---|
|
2
|
$1.95
| |
|
$2.30
| ||
|
4
|
$6.05
| |
|
6
|
$8.00
| |
|
8
|
$11.00
| |
|
10
|
$16.50
|
(2)
Standpipe service shall be $12 per year. This amount
covers all systems having a pipe serving the system which is not over two
inches in diameter. The charge, which shall be in addition to the charge heretofore
set forth, will be $6 per year per inch.
(3)
An annual hydrant charge for privately owned hydrants
shall be $88, payable when billed, in quarter-annual installments.
D.
All installations necessary to serve private fire protection
systems shall be constructed and maintained at the sole expense of the owner
or applicant. Connections for private fire protection purposes shall be properly
valved at the expense of the consumer in order to prevent the use of water
for any other purposes than those which are contemplated by this section.
A.
Upon any violation of the rules set forth in Chapter 318 of the Village Code, the Board of Trustees of the Village of Canton, by its duly constituted agent, may, upon 24 hours' notice to the property owner, consumer or occupant of the premises affected, discontinue the supply of water. Such supply shall not be made available until all the rules and regulations are complied with and until all unpaid charges and rents shall be paid. The foregoing shall also include the charge for turning off the water.
B.
The notice of violation shall specify the section of
the rules or code alleged to be violated and shall contain a short, plain
statement of the facts asserted by the Village.
C.
Service of any notice authorized or directed by or on
behalf of the Board of Trustees of the Village of Canton may be made upon
the property owner or consumer personally or by leaving the same at the premises
where water is supplied or by sending the same by mail to such party at the
last address furnished to the Board of Trustees of the Village of Canton.
Such notice by mail will be deemed to have been received three days after
its date of deposit in the United States mail.
D.
The consumer or property owner may, within 48 hours after
receipt of the notice regarding the discontinuance of this water supply, request
a hearing before a hearing officer designated by the Board of Trustees. At
the hearing, the consumer or property owner, or both, may appear personally
or by attorney and present any information and material which are relevant
to the question of the discontinuance of water service. The Village may present
such information as it has bearing on the question. After the hearing, the
hearing officer will make a determination as to whether the water service
may be properly discontinued. If the determination is that the water service
may be properly discontinued, the Village may, after receipt of the hearing
officer's determination, discontinue the water supply, upon giving notice
of the determination to the person, firm or corporation which had requested
the hearing.
E.
Notwithstanding the foregoing, the Village may, without
notice to the property owner, consumer or occupant of the premises, discontinue
water service if, in the judgment of the Village Superintendent, it is necessary
to discontinue the water supply to prevent immediate serious and substantial
injury to the waterlines or to persons or property located on or near the
premises to which the water is supplied.
Until the meter shall be installed and the flow of water measured by
said meter, the charge for water use shall be quarter-annually in accordance
with the following:
|
Use
|
Charge
|
|---|---|
|
Kitchen
Closet and bath
Closet
Basin
Bath
|
$5.25
$5.25
$3.00
$1.00
$3.00
|
|
Use
|
Charge
|
|
Extra closets
Extra baths
|
$1.25
$1.25
|
[Amended 4-30-1985 by L.L. No. 4-1985: 8-17-1988
by L.L. No. 9-1988: 2-25-1992 by L.L.
No. 2-1992; 9-28-1992 by L.L. No. 5-1992; 10-18-1993
by L.L. No. 9-1993; 1-23-1995 by L.L.
No. 1-1995; 8-19-1996 by L.L. No. 6-1996]
Water shall be charged to all customers, users or takers in accordance
with the following rates:
A.
Within the corporate limits of the Village of Canton, water shall be charged to all customers, users or takers in accordance with the rates established by resolution of the Village Board of Trustees, as authorized by Subsection E of this section.
[Amended 7-17-2000 by L.L. No. 5-2000; 3-19-2001
by L.L. No. 2-2001; 6-16-2003 by L.L.
No. 4-2003; 6-20-2005 by L.L. No. 4-2005; 5-22-2007
by L.L. No. 14-2007]
B.
Outside the corporate limits of the Village of Canton, water shall be charged to all customers, users or takers in accordance with the rates established by resolution of the Village Board of Trustees, as authorized by Subsection E of this section.
[Amended 7-17-2000 by L.L. No. 5-2000; 3-19-2001
by L.L. No. 2-2001; 6-20-2005 by L.L.
No. 4-2005; 5-22-2007 by L.L. No. 14-2007]
C.
There shall be a minimum quarter-annual charge per size of the water meter as established by resolution of the Village Board of Trustees, as authorized by Subsection E of this section.
[Amended 6-20-2005 by L.L. No. 4-2005; 5-22-2007
by L.L. No. 14-2007]
D.
Connection of users outside corporate limits; contract.
The owner, lessor or lessee of property outside the corporate limits of the
Village of Canton, New York, may be allowed to connect with the existing water
mains of the Village of Canton and to purchase water from the Village and
to be charged the same base water rates paid by Village users under the following
conditions:
[Added 8-21-1998 by L.L. No. 11-1998]
(1)
A general charge in addition to the base water rates
shall be computed by multiplying the full value town assessment of the property
by the applicable Village equalization rate, divided by the town equalization
rate, to determine the effective assessed valuation. The effective assessed
valuation shall then be multiplied by the existing Village tax rate, or as
the same may be hereinafter established, to be calculated as follows:
|
Outside user assessed value
|
x
|
(Village equalization rate)
(Outside user equalization rate)
|
x
|
Village tax rate
|
=
|
Nonresident annual charge in lieu of taxes
|
(2)
In the event the property is also connected to the existing sanitary sewerage system of the Village of Canton and is being assessed a charge in accord with § 257-3G of this Code, the charge computed at Subsection D(1) above shall be deemed to be the same charge referred to at § 257-3G(1) and shall not be collected more than once annually.
(3)
The charge computed at Subsection D(1) shall be assessed and collected at the same time as Village tax bills are assessed and collected on property within the Village of Canton.
(4)
The owner, lessor or lessee of premises located outside
the Village of Canton and seeking connection to the existing water mains of
the Village of Canton, and to purchase water from the Village, who desires
to be and remain connected thereto and supplied with water by the Village
of Canton, New York, in connection therewith, shall enter into a contract
with the Village of Canton, New York, setting forth the terms and conditions
under and by which water will be furnished and supplied as follows:
|
CONTRACT
| ||
|
WHEREAS, the Village of Canton, New York, a municipal corporation duly
organized and existing under and by virtue of the laws of the State of New
York, has extended its water supply mains beyond the corporate limits of said
Village; and
| ||
|
WHEREAS, the premises of the undersigned seeks connection to said water
supply main and the undersigned desires it to be and remain connected thereto
and be supplied with water by the Village of Canton;
| ||
|
NOW, THEREFORE, to induce said Village of Canton to furnish and continue
to furnish and supply water to the premises of the undersigned, the undersigned
covenants and agrees as follows:
| ||
|
1.
|
To pay for all water supplied or furnished by said Village of Canton,
at the same rate or rates now in effect or that may be hereafter established
from time to time for consumers within the corporate limits of the Village
of Canton, subject to the terms and conditions, regulations, penalties, rates
and charges established by the Village Water Ordinance or that may hereafter
be established by any amendment, modification or revision of said Water Ordinance.
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2.
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As an additional consideration to induce the Village of Canton to supply
water to the premises of the undersigned, the undersigned agrees to pay to
the Village of Canton a general charge in addition to the base water rates,
which shall be computed by multiplying the full value town assessment of the
property by the applicable Village equalization rate, divided by the town
equalization rate, to determine the effective assessed valuation. The effective
assessed valuation shall then be multiplied by the current Village tax rate,
as the same may be established yearly. The formula shall be as follows:
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Outside user assessed value
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x
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(Village equalization rate)
(Outside user equalization rate)
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x
|
Village tax rate
|
=
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Nonresident annual charge in lieu of taxes
|
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Said payment shall be due and payable in the same manner and at the
same time as the regular Village of Canton tax and shall be subject to the
same fees and penalties.
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3.
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The undersigned covenants and agrees to consent and hereby does consent
to the purchase and installation of a water meter on said premises and to
permit representatives of the Village of Canton to enter upon said premises
at all reasonable hours of the day for the purpose of reading said meter.
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4.
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The undersigned covenants and agrees to keep the water laterals, water
meter and water connections in good working order.
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5.
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The undersigned expressly covenants and agrees that undersigned will
not connect or extend or permit any other person or entity to connect or extend
the water lateral running from the water supply line to said premises to any
other premises.
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6.
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The undersigned covenants and agrees that the Village of Canton reserves
the right to discontinue supplying water to the premises of the undersigned
without becoming subject to any liabilities or damages to the undersigned
on default in the payment of any water bill when due, or on the default in
the performance of or the breach of any of the terms and conditions of this
agreement. In the event of a water shortage, the supply of water to the premises
will be subject to limitation in accord with limitations imposed on other
Village users.
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7.
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The undersigned covenants and agrees that the undersigned will indemnify
and hold the Village of Canton harmless against any and all claims for damages
arising out of or by reason of furnishing water to the premises of the undersigned.
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The undersigned expressly warrants that the undersigned is the owner
in fee simple or is the lessor or lessee of the premises known as and designated
as _____________________________ for which water service is to be furnished
under this agreement.
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It is mutually covenanted and agreed by and between the parties hereto
that this agreement is not transferable or assignable to any other person,
entity or successor owner, lessor or lessee, and it shall not run with the
land.
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The undersigned expressly covenants and agrees that the undersigned
will notify the Village of Canton of any sale, transfer or exchange of the
premises, or any leasehold therein, to which water is supplied under this
agreement.
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The undersigned expressly covenants and agrees that any waiver by the
Village of Canton for any default in performance of or breach of any of the
terms and conditions of this agreement shall not constitute or be deemed a
waiver of any subsequent default in performance or breach of condition.
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The undersigned covenants and agrees that all the laws, ordinances,
rules and regulations governing the sale and distribution of water within
the Village of Canton are hereby referred to and incorporated within this
agreement with the same force and effect as if fully set forth herein.
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Village of Canton, New York
By:
Mayor
Property Owner, Lessor or Lessee
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(This agreement shall also be duly acknowledged in the manner prescribed
by the laws of the State of New York.)
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E.
Charges for metered water service within and outside the corporate
limits of the Village of Canton shall be established and imposed, and may
from time to time be amended and revised, by resolution of the Village Board
of Trustees, following public hearing and notice of same.
[Added 6-20-2005 by L.L. No. 4-2005;
amended 5-22-2007 by L.L. No. 14-2007]
