City of Kingston, NY
Ulster County
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Table of Contents
Table of Contents
The Water Commissioners in office, and their successors, shall constitute the Board of Water Commissioners of the City of Kingston. Appointments in case of vacancy shall be for the unexpired term, and at the expiration of a term for five years.
The Mayor of the City of Kingston shall be a member of the Board of Water Commissioners.
The Commissioners shall elect a President and Secretary from among their number and appoint such agents and servants as may be necessary, and fix their compensation. Such agents and servants shall be removable at the pleasure of the Board. The Commissioners shall serve without pay, but shall be allowed their reasonable expenses.
Said Board, with the assent of the Common Council, may construct and maintain waterworks for supplying said city and its inhabitants with pure and wholesome water; exercise such powers as are necessary and proper to accomplish such purpose and shall proceed in the manner hereinafter prescribed.
In addition thereto, said Board may supply water to other than inhabitants of the City of Kingston and outside the corporate limits of said city under the following conditions:
A. 
Each nonresident applicant for the purchase of water shall file an application therefor, citing all pertinent facts, on a form to be prescribed by the Board of Water Commissioners.
B. 
The Board of Water Commissioners shall certify by resolution of a majority of the members of the Board that the water supply of the city is adequate to furnish such water without inconvenience, risk or peril to the residents of the City of Kingston, and that the circumstances described in the application must, in the opinion of the Board, justify the sale of city water.
C. 
Such sale or sales must be approved by the New York State Water Power and Control Commission.
D. 
A deposit of not less than $10 shall accompany each application for the purchase of water, such sum to be deposited in a special fund by the Treasurer of the Water Board to indemnify the city against nonpayment of water bills.
E. 
The Board of Water Commissioners shall be authorized to assess such costs against such nonresident property owner's for the installation of waterlines and facilities as the Board, in its judgment, may deem proper and necessary.
F. 
A water meter shall be installed on the premises of each nonresident user of water and all such water shall be paid for on the basis of quantity consumed.
G. 
Water meter rates for nonresident consumption shall be fixed by the Board of Water Commissioners at least 10% more than water meter rates for resident consumption.
H. 
Before any water facilities are provided outside of the corporate limits of the city, the governmental authority of the area to be served shall give permission to the Board of Water Commissioners to construct, inspect and repair its water facilities, whenever necessary, in the opinion of the Board of Water Commissioners, and that said governmental authority enter into a signed agreement with the Board of Water Commissioners agreeing that the pipelines and other water facilities and services installed upon the petition of and for the purpose of providing water to the residents of such area shall be tax free.
I. 
Before the Board of Water Commissioners enters into a contract for the supply of water outside of the corporate limits of the City, such contract of sale or sales must be approved by the Common Council and Mayor of the City of Kingston.
[Added 7-7-2015 by L.L. No. 2-2015, approved 7-23-2015]
Upon the adoption of the system and source of water supply, the Board shall proceed to acquire the necessary lands and casements therefor and construct the same according to the plan adopted and maintain and keep the same in operation. The Board may select, determine and use the streets, roads and highways through which the distributing pipes shall be laid, and extend such pipes from time to time as it may determine.
The Board may fix, make and determine and collect all water rates; publish and enforce all needful rules and regulations concerning said waterworks and the property and appliances thereof and to the management and supply of water thereby and alter and modify the same from time to time; and fix a penalty, not exceeding $50, for the violation thereof, and prosecute, in its own name or in the name of the city, for all water rates and charges and violations of such rules and regulations. The Common Council may enforce such rules and regulations by ordinance and fix a like penalty for violations thereof.
The moneys derived from water rates and penalties shall be paid to the Comptroller and shall be credited to the water fund account and shall be applied to the payment of the expenses of the ordinary maintenance and management of said waterworks, and, if more than sufficient for that purpose, the balance thereof shall be applied to the payment of the principal and interest of the obligations issued by said city prior to the effective date of the Local Finance Law, and for the purposes of water supply and no other purpose. When such receipts shall be more than sufficient for said purposes, the overplus may be used for any lawful municipal purpose.
Said Board of Water Commissioners shall keep books showing the cost of construction and maintenance of the waterworks, and of extending the same, and all its collections, receipts, expenditures and proceedings, and shall make a report thereof to the Mayor on or before the 15th day of December in each year and as much oftener as required. It shall also make and deliver to the Mayor at the same time an estimate of the amount to be raised by tax, necessary to pay principal, interest or other charges for the next calendar year, which estimate shall be presented by the Mayor to the Common Council, and the amount thereof raised, levied and collected as other city charges and paid over and credited to the water fund account.
Any willful act whereby said waterworks or any property, apparatus or appliances 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.
The title of all lands, easements and property acquired for the purposes of this article shall vest in the City of Kingston. The Board may take deeds of said lands and easements in the name of the city, as grantee, and said deeds shall state the purposes for which said lands or easements are conveyed.
Said Board may acquire by purchase or proceedings for the condemnation of real property pursuant to the Condemnation Laws, any lands, property, franchises, easements, water rights, rights of flowage, dam, water plant, water mains, laterals and appurtenances within the County of Ulster, whether owned or possessed by individuals, or water or other companies organized under the laws of this state, or the Common Council, upon the written request of said Board, may acquire title to such lands, property, franchises, easements, water rights, rights of flowage, dam, water plant, water mains, laterals and appurtenances, or any of them, pursuant to § C14-1 of this Charter, except that the cost and expense thereof shall be paid from the water fund account on warrants signed by the Treasurer and Secretary of the Board.