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.
