[L.L. No.
9-1977; § 5, L.L. No. 10-1979; §§ 4,
5, L.L. No. 2-1980]
It is the duty of the Commissioner
of Environmental Services to see that the City has an abundant supply
of wholesome water for public and private use; to devise the plans
and sources of water supply; to plan and supervise the distribution
of water through the City; to protect such water supply against contamination;
to recommend adjustments to the price and rates to be paid for the
use and consumption of water; and to recommend special prices and
rates for consumers using extraordinary amounts of water and for consumers
outside the City.
[L.L. No.
9-1977; § 5, L.L. No. 10-1979; §§ 4,
5, L.L. No. 2-1980]
The Commissioner of Environmental
Services has the power to cause water meters to be placed in or upon
any house, building, structure or land where water is used and to
have the same maintained and repaired at the cost and expense of the
owner of such house, building, structure or land.
[L.L. No.
9-1977; § 5, L.L. No. 10-1979; §§ 4,
5, L.L. No. 2-1980]
The Commissioner of Environmental
Services may enter upon any public street, highway or place in the
City for the purpose of laying, altering, repairing and maintaining
conduits, mains and pipes for the conveyance of water and for the
purpose of constructing, repairing, altering, maintaining or extending
any portion of the waterworks of said city, and may lay and construct
such conduits, mains and pipes over, under or across any watercourse,
canal or railroad, and may enter upon any public street, highway or
place without the City limits, subject to regulation by the officials
having control thereof, for the purpose of laying, altering, repairing
and maintaining conduits, mains and pipes for the conveyance of water,
and may carry and conduct the same over, under or across any watercourse,
canal or railroad without the limits of the City, provided that such
public street, highway or place or watercourse, canal or railroad
crossing so entered upon is restored in as good condition as before
such entry; and the City may maintain its conduits, mains and pipes
in and under the public streets, highways and places within and without
the City in which they are now laid and over, under or across the
watercourses, canals and railroads over, under or across which they
are now maintained.
[L.L. No.
9-1977; § 4, L.L. No. 2-1980]
The City may acquire, by purchase,
condemnation proceedings or otherwise, title to real estate, waters,
lakes, springs, ponds or streams or any right or easement therein,
which may be necessary for the purpose of the waterworks of said City
or to protect the sources of water supply from pollution, and may
enter upon, control and use the waters of Canadice and Hemlock Lakes
for the purpose of procuring a water supply, and has the power to
take such measures and make such constructions as may be necessary
to secure said waters for the purposes intended and to protect the
same from improper obstructions or pollution from any cause.
The City shall have the additional
powers to acquire, by purchase, condemnation proceedings or otherwise,
title to real estate located in the Town of Livonia, Livingston County,
and owned, occupied or used by railroads, railroad companies, telephone
or telegraph companies, fairgrounds or agricultural societies, waters,
lakes, springs, ponds or streams, or any right or easement therein,
which may be necessary for the purposes of the waterworks of the said
City or to protect the sources of water supply from pollution, and
also real estate in the Town of Livonia, Livingston County, necessary
to and for the relocation of the facilities of such railroad companies
and telephone or telegraph companies, and may enter upon, control
and use the waters of Canadice and Hemlock Lakes for the purpose of
procuring a water supply, and has the power to take such measures
and make such constructions as may be necessary to secure said water
for the purposes intended and to protect the same from improper obstructions
or pollution from any cause. The relocation of the facilities of such
railroad companies and telephone or telegraph companies shall be at
the expense of the City and in accordance with plans and specifications
to be approved by such railroad companies and telephone or telegraph
companies and, if necessary, by the Public Service Commission of the
State of New York, the intent hereof being that all costs and expenses
occasioned by the condemnation of real properties of such railroad
companies and telephone or telegraph companies and the relocation
of their facilities shall be borne by the City. The City shall not
take possession of any real property of such railroad companies and
telephone or telegraph companies, necessary for their operation, until
title to the real property acquired by the City for the relocation
of the facilities of such railroad companies and telephone or telegraph
companies shall have been conveyed to said railroad companies and
telephone or telegraph companies and until the relocation of the facilities
of such railroad companies and telephone or telegraph companies shall
have been completed.
[L.L. No.
9-1977; § 4, L.L. No. 2-1980]
When authorized by ordinance of the
Council, water mains may be extended beyond the limits of the City
to the towns adjoining.
[L.L. No.
9-1977; § 4, L.L. No. 2-1980]
When real estate, including lands
owned, occupied or used by railroads, railroad companies, telephone
or telegraph companies, fairgrounds or agricultural societies, or
rights or easements therein, or property rights are taken for waterworks
purposes, and when real estate or rights or easements therein or property
rights are taken for the purpose of relocating the facilities of any
railroad companies and telephone or telegraph companies, such real
estate, including lands owned, occupied or used by railroads, railroad
companies, telephone or telegraph companies, fairgrounds or agricultural
societies and lands required for the relocation of the facilities
of such railroad companies and telephone or telegraph companies, or
rights or easements therein, or property rights must be acquired in
the same manner as is provided herein for the acquisition of other
real property by purchase, condemnation proceedings or otherwise.
[L.L. No.
9-1977; § 4, L.L. No. 2-1980]
Any person who willfully does or
causes to be done any act whereby any work, materials or property,
whatsoever erected or used by the City of Rochester for or in connection
with the waterworks of said City is impaired or injured, or who diverts,
draws down or diminishes the water of Hemlock or Canadice Lake without
authority of law, or who in any way interrupts or prevents the flow
of water through the conduits, mains, pipes or service of said works,
or who throws, deposits, places, casts, passes or causes to be passed,
cast, placed, deposited or thrown into the waters of Hemlock or Canadice
Lakes or into any reservoir, conduit, aqueduct, main or pipe belonging
to the waterworks of said City any dead animal or any deleterious,
offensive, filthy, impure or obstructing matter, thing or liquid,
or who places any of said described matter, thing or liquid so that
the same may be washed or carried or flow into either of said lakes
or any reservoir, conduit, aqueduct, main or pipe supplied with water
therefrom, or who unlawfully trespasses upon water and lands acquired
by the City of Rochester for the source of its water supply or the
protection thereof, is guilty of a misdemeanor.
[L.L. No.
9-1977; § 4, L.L. No. 2-1980]
Any person who, without the consent
of the City of Rochester, its authorized officers and agents, taps,
opens or connects with any conduit, main or pipe, or opens any hydrant,
valve or stopcock connected with the waterworks or waterworks system
of said city, or makes any extension of existing service pipes whereby
increased quantities of water are or may be used without said consent,
or leaves open any hydrant, valve, faucet, stopcock or other fixture
for continuous flow, of and through which there is continuous flow
beyond what may be necessary for actual use for the purposes required
in connection with such hydrant, valve, faucet, stopcock or other
fixture, is guilty of a misdemeanor.
[L.L. No.
9-1977; § 5, L.L. No. 4-1979; § 5, L.L. No. 10-1979; §§ 4,
5, L.L. No. 2-1980; repealed by § 1, L.L.
No. 8-1980]
[L.L. No.
9-1977; § 4, L.L. No. 2-1980]
No person or corporation other than
the City may enter upon or excavate any public street, highway or
place in the City of Rochester for the purpose of laying conduits,
mains or pipes for the conveyance of water without the permission
of the Council, which body may deny any such application in its discretion;
and no person or corporation other than the City may furnish, sell
or distribute water within the City except under a franchise granted
as provided in this act, provided that the City may contract with
a corporation for the delivery to the City of water for the extinguishment
of fires and, when the corporation has, at the time of the taking
effect of this amendment, a franchise to sell and distribute water
in certain portions of the City, may contract with it for the delivery
to the City of water for the extinguishment of fires and other public
purposes in such portions of the City; but any such contract shall
not confer upon the corporation additional rights or franchises or
any right to lay conduits or to supply or distribute water other than
stated in such contract.
