[L. 1916, c. 409[1]]
The Department of Public Works is hereby authorized and directed,
for and in the name of the City of Hornell, to maintain, control and
operate the system of waterworks now used to furnish the City of Hornell
and its inhabitants with water and may employ engineers, surveyors,
superintendents, officers, agents and such other persons as may be
necessary for that purpose and fix their compensation and terms of
employment and discharge them at will. For the purpose of extending
said system of waterworks, the Board of Public Works may also contract
for, purchase and acquire by deed or otherwise, in the name of the
City of Hornell, all further lands, waters, easements, property, tenements,
hereditaments, rights, privileges and franchises and any ponds, fountains,
dams, mains, pipes, conduits, hydrants, machinery and all other real
and personal property whatsoever necessary for the maintenance, control
and operation of said waterworks and the extension thereof and to
contract for the execution of said work or any part thereof and for
supplying any and all necessary materials therefor, subject to Council
approval. The title of any and all property acquired pursuant to this
Title X shall vest and be in the City of Hornell. The Department,
its officers, agents and employees are authorized to enter upon any
lands or waters for the purpose of making such surveys, examinations
and investigations as shall seem to them necessary in the faithful
performance of their duties.
[1]
Editor's Note: Former Sec. 191, as amended by L. 1916,
c. 409, was deleted by L.L. No. 2-1965.
[L. 1916, c. 409]
The Department of Public Works and all persons acting under
its authority and discretion shall have the right to enter, appropriate,
occupy and use any public street, highway, square, avenue, road, park
or other public grounds for the purpose of construction, maintaining
and operating sewers and waterworks for supplying the City of Hornell
with water and for all other purposes of this title; but the Department
shall, in all cases, restore such public street, highway, square,
avenue, road, park and other public ground to its former state of
usefulness.
[L. 1912, c. 128; L. 1943, c. 710]
A sinking fund shall be created upon any issue of bonds, for
the payment of the cost of improving and extending the waterworks
system of said city, for their redemption by raising annually a sum
which will produce an amount equal to the sum of the principal and
interest of said bonds at their maturity.
[L. 1912, c. 128; L. 1943, c. 710]
The amount derived from receipts for water and from said system,
as hereinafter provided, shall be applied as follows: first, to the
cost of maintaining and operating said system of waterworks and the
cost of ordinary extensions of the distributing mains and pipes of
said system; second, to the payment of the principal and interest
falling due on any obligations issued for the purchase of or construction
of said water system; third, to the payment of principal and interest
falling due on obligations hereafter issued for the purpose of extending
and improving said waterworks and the creation of a sinking fund for
the payment and redemption thereof. In each year in which said amount
shall be insufficient for the purposes above named, the Common Council
of said city shall make due provision by tax for the payment of the
deficiency, and such deficiency shall be assessed, levied and raised
in the same manner as any other general tax of said city and in addition
to and in connection with the general taxes of said city.
[L. 1916, c. 409; L. 1921, c. 153]
The Department shall from time to time fix and determine the
water rates to be paid by consumers of water, including a just annual
rate to be paid by the city at large on account of the use of water
for municipal purposes, and may at any time remit or cancel any charge
for water so made against the city at large, whether incurred before
or after the passage of this Charter. All moneys and incomes which
shall be received by the Department for water or on account of said
system of waterworks shall be deposited to the credit of the water
fund of the Department of Public Works Fund of said city.
[L. 1916, c. 409[1]]
Said department shall make, publish and enforce all needful
rules and regulations in relation to said waterworks and all property
and appliances pertaining thereto and in relation to the management
thereof and the supply of water thereby, whether to individuals or
corporations, and may alter and modify the same from time to time
and may fix a penalty as provided for by law for the violation of
any of said rules or regulations. Said Common Council may aid such
enforcement by ordinance. Said Department may prosecute in the name
of said city for all violations of said rules, regulations or ordinances.
Said Department shall fix and collect the annual, semiannual,
quarterly or monthly prices of water supply by means of said waterworks
to the dwellings, establishments or uses of individuals, companies
or corporations and shall also collect all penalties or moneys due
from any source for or on account of said waterworks.
[L.L. No. 3-1937[1]]
All water rents and rates assessed by the Water Department are
hereby declared to be a lien from the date when the water is furnished,
and a tax upon the premises in connection with which said water is
used and water rents and rates which shall remain unpaid on the last
days of April and October in each year shall be collected in the same
manner or manners as are provided herein for the collection of a general
tax, and all remedies herein provided for the collection of such general
tax shall be applicable to the collection of water rents and rates.
It shall be the duty of the Superintendent of the Water Department
immediately preceding the time for the making of the annual assessment
roll in each year to make out a list or roll in which he shall set
out the amount of water rents or rates accrued or chargeable upon
each lot, part of lot or building and which shall not have been paid
or collected and file the same with the City Clerk, who shall, in
the preparation of the next tax roll for the general city taxes, in
a separate column thereof, assess such amount upon such property,
and the same shall be levied, enforced and collected in the same manner,
by the same proceedings, at the same time, under the same penalties
and having the same lien upon the property assessed as the general
city tax and as a part thereof. All fees, interest and penalties added
to the water rents and rates after the same shall have been included
in the tax roll for general city taxes shall be retained by the city.
Within ninety (90) days after the general city tax shall have been
levied, the total amount of delinquent water rents and rates, including
penalties, which have been added to the city tax roll for the current
year shall be paid to the Water Department and the City Chamberlain,
Mayor and City Clerk are hereby authorized to issue a regular city
warrant therefor.
The moneys derived from the penalties and water rents mentioned in this title shall be paid over to the City Chamberlain to the credit of the Water Fund of the Department of Public Works Fund and shall be applied as provided in § C-194 of this title. If the receipts from all of said sources shall be more than sufficient for said purposes, the balance thereof may be used first to purchase and cancel any obligations outstanding and then for any lawful municipal purposes.
No liabilities shall be incurred or money expended under this
title by the Department of Public Works, except by resolution duly
passed by a majority of the members of the Department. In every case,
the vote shall be taken by yeas and nays, and every such resolution
and the vote thereon shall be recorded in full on the minutes of the
department.
All suits and legal proceedings which may arise out of the contracts,
acts and dealings of said Department or connected therewith shall
be brought by their authority in the name of the City of Hornell as
plaintiff or petitioner; and any and all actions or proceedings authorized
by this title shall be brought, taken and instituted by said Department
in the name of the City of Hornell, and all actions, suits or other
legal proceedings brought, instituted or commenced by any person or
corporation, on account of any act or thing done or omitted by said
Department, shall be brought, instituted or commenced against the
City of Hornell in its name and shall be defended by it under the
direction of the Department; and all such claims or demands may be
compromised and paid by said Department, and any final judgment recovered
thereon shall be satisfied by it out of the funds obtained by it and
in pursuance of the provisions of this title. Such payments to be
made only in the manner hereinbefore provided. No director appointed
under this title shall be personally liable for any act done in the
performance of his official duty.
Said Department shall keep books showing the cost of the acquisition,
construction and maintenance of said waterworks and of extending the
same and all its collections, receipts, expenditures, proceedings
and doings and shall make a report thereof to said Common Council
as in this title provided and as much oftener as the Common Council
may require and shall furnish at all times such other or further information
as to the business or affairs of the Department as may be required
by the Mayor or Common Council. All the books, records, vouchers,
contracts and all other papers kept by the Department or in their
possession or under their control shall at all reasonable times be
subject to inspection by any officer or duly authorized agent of the
City of Hornell.
The City Clerk of the City of Hornell is hereby authorized and
directed to deliver to said Department certified copies of all resolutions,
acts and ordinances passed by the Common Council pursuant to the provisions
of this Charter or in any way relating to said Department or the system
of waterworks. The Chamberlain of the City of Hornell is hereby authorized
and directed to prepare and at all times keep a book or books in which
shall be entered all moneys received or deposited in any bank or banks
or trust company and all moneys paid out on orders or warrants countersigned
by him, and the Chamberlain also shall keep on file all resolutions,
instruments and other papers sent or received by him and all acts
and things required to be done by said Chamberlain under the provisions
of this title.
Any willful act whereby said waterworks or any property, apparatus
or appliance pertaining thereto shall be injured or the supply of
water obstructed, impaired or made less pure shall be deemed a misdemeanor
and the person or persons convicted thereof shall be punished accordingly.
[L. 1916, c. 409]
The Commissioners of Public Works holding their office under
and by virtue of the provisions of this Charter, when and as soon
as the Directors of the Department of Public Works are appointed and
have qualified as such, shall deliver to the Department of Public
Works all papers, documents, books of account, plans, surveys or other
papers relating to the Board of Public Works and the water system
of the City of Hornell and all other property in their hands and custody
or control as such Board of Public Works and the Commissioners thereof,
except all moneys and funds, which shall be immediately paid over
to the Chamberlain of said city, who shall receive and credit the
same to the Water Fund of the Department of Public Works Fund.
[L.L. No. 1-1976]
The Department of Public Works shall annually, on a fiscal year
basis, prepare a budget for operation of water supply, which budget
shall be subject to approval by the Common Council of the City of
Hornell.
