Whenever any real estate in said city shall be owned by two or more parties jointly, or as tenants in common, a notice served on any one of them shall be sufficient notice for any purpose requiring notice under this act. [§ 360, L. 1911, c. 870]
The owners of unoccupied lots or premises in said city may cause a true description of the same to be registered in a book to be kept by the City Clerk for that purpose, with the name of the owner, if a resident of said city, and if not, with the name of any resident of the said city as an agent of said property; and in the assessment of real estate for local or general taxation, all papers or notices required to be served on the owners or resident occupants of lots shall be served on such owner or agent with the same effect as if said lots were occupied. [§ 361, L. 1911, c. 870]
The entries in the book of bylaws, journals and minutes of the Common Council and of the Board of Health, and any of the records required by this act to be kept by the clerk of any office, department or board, shall be presumptive evidence of the proceedings therein contained. All other public records, and documents, taxes and assessment rolls and maps, in any office of the city, or a copy thereof, certified by the City Clerk and attested by the Mayor under the Seal of the city, shall be admitted as evidence in any court. [§ 363, L. 1911, c. 870]
Printed books of the ordinances of the proceedings of the Common Council and of the Board of Health of said city purporting to have been printed by the authority of the Common Council shall be received in all courts and places as presumptive evidence of such ordinance, and of the facts stated in such proceedings, and that the same have been regularly enacted, had and published as required by this act prior to the printing of them in such book. [§ 363, L. 1911, c. 870]
The boundaries of the Union School District shall continue to include all the territory contained in the limits of the City of Lockport, as modified and extended by this act. The residents of that portion of the Town of Lockport, which is annexed to the City of Lockport by this act, shall be entitled to all the privileges of the public schools of the said Union School District, immediately upon the taking effect of this act. But the common school districts in the said town, a portion of the territory of which is hereby annexed to the said Union School District, shall continue to exist as now constituted, for the purpose of maintaining the schools of such districts and the election of school officers therein, and the payment of school taxes of such districts, until January 1, 1912. The School Commissioner of the First Commissioner District of the County of Niagara shall, on or before January 1, 1912, if he deems it necessary for the best interests of the schools in his district, dissolve, consolidate or alter the boundaries of the common school districts, any portion of the territory of which has been hereby annexed to the City of Lockport. If the said School Commissioner does not enter the necessary orders to accomplish such purpose, on or before the said date, the common school districts, any portion of the territory of which is hereby annexed to the City of Lockport, shall continue to exist as school districts of the Town of Lockport, with their boundaries altered by the annexation of a portion of their territory to the said city. If any property belonging to any of such districts shall be included within the limits of the City of Lockport, by this act, the said property shall be sold at public sale by the said School Commissioner, and the proceeds thereof shall be apportioned by him, ratably, according to the assessed valuation of the property included within the City of Lockport, and the portion remaining, as a part of the existing common school districts. The part of such proceeds apportioned to the City of Lockport shall be paid into the city treasury, and be available for school purposes. The part apportioned to existing school district shall be paid to the officer entitled thereto, under the laws relating to the receipt and disbursement of school moneys. [§ 364, L. 1911, c. 870]
The town meetings and general elections of the inhabitants of the Town of Lockport may be held at such places in the City of Lockport as the Supervisors of said town and the Mayor of said city may appoint, with the same force and effect as if held in said town. And it shall be lawful for the Town Clerk of said town to hold his office in and reside within said city, and to appoint a Deputy Town Clerk who may be a resident of said city. The business to be done at such office may be done in said city. [§ 365, L. 1911, c. 870]
At the end of any fiscal year, the Common Council shall have power, in case there shall be any outstanding indebtedness of the city, which shall not have arisen or been created or incurred by the Common Council in violation of the provisions of this act, to apply in payment thereof any moneys in the city treasury not appropriated or required for the payment of the lawful obligations, debts and expenses of the city in and for said fiscal year. [§ 366, L. 1911, c. 870]
No officer of the city, nor any other person, shall have power, and each and every person is prohibited from making any purchase or contracting any debts on the part of the city, unless specially authorized by the Common Council so to do; and no account, claim or demand of any kind shall be audited, allowed or paid by the Common Council unless the same was duly authorized by vote after being examined by the Mayor and reported to the Common Council; except as herein or in the Local Finance Law otherwise expressly provided. [§ 367, L. 1911, c. 870; amended by L. 1943, c. 710]
Any officer or member of any board authorized by this act to make any investigation, hear any complaint, or conduct any proceedings in the form of a trial or examination, shall have power to administer oaths, issue subpoenas, and compel witnesses to attend and testify before such officer or board, in the same manner and with the same powers as a referee appointed in an action in a court of record. [§ 368, L. 1911, c. 870]
No person shall be incompetent as judge, justice, witness or juror in any court by reason of his being an inhabitant or freeholder in the city in any action or proceeding in which the city is a party interested. [§ 369, L. 1911, c. 870]
It shall be unlawful for any person to break the street surface within the city for any purpose, or make connections with any street drain, sewer, culvert or basin, or to occupy any street for building purposes, or for any other purpose except to pass and repass therein without first having obtained a permit therefor from the Common Council, or other officer duly authorized by it to grant the same. The Common Council shall impose such conditions, restrictions and security in the premises as the protection of the public and the interests of the city may require. [§ 370, L. 1911, c. 870]
[Amended 4-27-2022 by L.L. No. 1-2022]
1.
It shall be unlawful for any person, firm, company or corporation to tap or otherwise alter any water or sewer facilities, or to cause any water or sewer facilities to be installed within the street rights-of-way of the City of Lockport, without first obtaining a permit, signed by the City Engineer and the Superintendent of Streets, allowing such tapping, alteration or installation.
2.
The applicant shall file with the City Engineer an application for permit, in form as follows:
Permit No. _____ |
City of Lockport, New York |
Department of Public Works |
Application for Permit for |
Water Service and Sewer Service |
Involving Street Openings |
To City Engineer |
City of Lockport, New York |
Application is hereby made by the undersigned, whose residence or principal place of business is located at _____ to _____ on or across a city thorough-fare, located at _____ in accordance with details of work and pursuant to the conditions and regulations, whether general or special, which are hereto attached or hereinafter set forth; all forming a part hereof. This applicant will obtain any other consents or permits that may be necessary to accomplish the purposes set forth herein. We have on file with Department of Public Works, public liability insurance, Policy No. _____ which expires _____ 20 _____. |
Dated: |
By: |
(Name of applicant) |
(Title, if signed by a representative) |
3.
In the event that a permit is granted to the applicant, said permit shall refer to this local law, and shall read in form as follows:
Permit For Water Service - Sewer Service |
Involving A Street Opening |
Permission is hereby granted to _____ (hereinafter referred to as "permittee"), whose residence or principal place of business is at _____, to proceed as set forth and represented in the foregoing application and at the particular location described therein, in accordance with details of work hereto attached and pursuant to Local Law No. 1 for the year 1962, and to any special conditions which are hereinafter set forth; all forming a part hereof, to wit: |
Special Conditions |
Dated: _____ New York this day of _____ 20 _____. |
City Engineer: |
By: |
Superintendent of Streets: |
By: |
In consideration of the granting of the within permit, the undersigned hereby accepts the same subject to the restrictions and regulations therein described. |
Dated this _____ day of _____ 20_____. |
Signature of applicant |
By |
(Title if signed by a representative) |
Inspected for compliance with Plumbing Code and regulations and conditions set forth in permit, and for compliance with regulations and conditions affecting sewers. |
Plumbing Inspector: |
Inspected for compliance with regulations and conditions affecting streets. |
Superintendent of Streets: |
4.
Work under a permit shall be commenced within 10 days from date of permit and continued in an expeditious manner, unless extension of this period is approved by the City Engineer or his authorized representative.
5.
All locations shall be approved by the City Engineer or his authorized representative.
6.
The permittee shall erect and maintain suitable guardrails or barricades for the protection of the public around all trenches or other openings from the time the opening is first begun until it has been completely and properly backfilled, except that whenever the City shall undertake to backfill any opening the responsibility of the permittee under this paragraph shall terminate as soon as the City has actually begun to backfill the opening. All such guardrails and barricades shall be suitably lighted by flares or red lights at night.
7.
The work shall be carried on in such fashion that not more than 25 linear feet of trench remains open at the end of any day's work.
8.
Manhole frames and covers shall be of an approved type and weight and set in a workmanlike manner, flush with the surface of the pavement.
9.
All surplus earth and rubbish shall be cleaned up and removed from the right-of-way upon completion of the work and the right-of-way shall be left in a neat and orderly condition.
10.
All openings in any unpaved portion of the street shall be backfilled by the permittee, using materials which were removed, all to the satisfaction of the City Engineer or his authorized representative. All sod removed to make the opening shall be properly replaced when the opening is filled.
11.
All openings in any paved portion of the street shall be backfilled and repaved by the City of Lockport at the expense of the permittee, using approved run-of-bank gravel or run-of-crusher stone, properly tamped, and paving material the same as or equivalent to that removed in making the opening, and the new paved area shall be properly extended beyond the edges of the opening in accordance with good road building and repaving practices.
12.
When more than one line, service or connection is being placed in one opening, the permittee shall perform all backfilling necessary to accomplish the placing of the various lines, services or connections, using approved run-of-bank gravel or run-of-crusher stone, properly tamped.
13.
On any lateral trench excavation and parallel thereto, the edge of the trench shall not be closer than five feet to the edge of the pavement except upon written authorization of the City Engineer or his authorized representative.
14.
Any and every injury to or disturbance of the street or any part of the street right-of-way or any structure or facility located in the right-of-way caused by any act done or omitted during the course of the work authorized by a permit shall be repaired and restored by the permittee at his own expense and in accordance with instructions of the City Engineer or his authorized representative, unless the City Engineer, or his authorized representative, shall determine that such repair and restoration should be accomplished by the City in which case the cost of such repair and restoration shall be paid by the permittee. If any of the repair and restoration work performed by the permittee in accordance with the provisions of this paragraph is not satisfactory to the City Engineer or his authorized representative, such work may be replaced by the City, either by its own employees or by contract, and the cost of such replacement shall be paid by the permittee.
15.
A permit shall not be assigned or transferred without the written consent of the City Engineer or his authorized representative.
16.
The work authorized by a permit shall be performed under the supervision and to the satisfaction of the City Engineer or his authorized representative.
17.
The said permittee shall be responsible for all damages, resulting from bodily injury, including death, and/or property damage due to activities of the permittee, its contractors, subcontractors of either or both, agents or employees in connection with any act or omission hereunder; and shall indemnify and save harmless the City and/or the Common Council and/or the City Engineer and his representatives and employees from claims, suits, actions, damages and costs of every name and description, arising out of or resulting from any act or omission hereunder; including the cost of defending against the same.
18.
Unless expressly waived by the City Engineer, the permittee shall furnish with the foregoing application a policy of protective liability insurance issued to and covering the liability of the City of Lockport and/or the City Engineer of the City of Lockport with respect to all operations under this permit by the permittee or by anyone acting by, through or for the permittee, including omissions and supervisory acts of the City. The limits of liability in such policy shall be not less than $100,000 for all damages arising out of bodily injury, including death at any time resulting therefrom, sustained by one person in any one accident and subject to that limit for each person, not less than $300,000 for all damages arising out of bodily injury, including death at any time resulting therefrom, sustained by two or more persons in any one accident, and not less than $25,000 for all damages arising out of injury to or destruction of property in any one accident, and subject to that limit per accident, not less than $50,000 for all damages arising out of injury to or destruction of property during the policy period; such policy shall state that it will not be changed or canceled until 10 days' written notice has been given to the City Engineer.
19.
The enumeration in a permit of the kind and amount of insurance shall not abridge, diminish or affect the permittee's legal responsibilities for the consequences of accidents arising out of or resulting from the operations of the permittee under this permit.
20.
A bond in the amount of $25,000 shall be filed by each applicant for a street opening permit before any such permit shall be issued to him and such bond must be in force and on file in the office of the City Engineer before any such permit is issued. The said bond shall be deemed to include and be used as security that every part of the right-of-way disturbed by the work will be restored to its original condition at the expense of the permittee as soon as the work has been completed, said restoration to occur no later than seven days of completion of the work, and shall remain in full force and effect for a period of three years subsequent to the date of completion of the last work performed under such a permit during the stated term of the bond.
21.
The City Engineer reserves the right to at any time revoke or annul a permit should the said permittee fail to comply with the terms and conditions on which it is granted.
22.
Traffic shall be maintained by the permittee on the affected section of the street or sidewalk while the work is in progress and until its final completion and the permittee shall place and maintain proper barricades, lights and other reasonable safety precautions.
23.
The permittee shall certify that it has secured compensation for the benefit of and will keep insured during the performance of the above-described work, such employees as are required to be insured, by the provisions of Chapter 41 of the Laws of 1914 and acts amendatory thereof, known as the Workmen's Compensation Law.
24.
In the event of an emergency which arises while the office of the City Engineer is closed, and requires immediate opening for repair work, such emergency opening may be made upon a temporary authorization by the City Engineer or his duly authorized representative, for such purpose, on condition that a formal application for a regular permit shall be filed as soon thereafter as the office of the City Engineer, or his duly authorized representative, is open for business.
25.
The City Engineer, his duly authorized representative, or any representative designated for the purpose of granting a temporary emergency authorization for street openings may, in his discretion, refuse to issue any permit or temporary authorization to any applicant who is in default in the performance of any duty or responsibility under any previous permit or authorization.
26.
Local laws numbered 7 and 8 for the year 1960, and entitled: "A Local Law of the City of Lockport, New York, in Relation to Establishing Requirements for Sewer Service" and "A Local Law for the City of Lockport, New York, in Relation to Establishing Requirements for Water Service" are hereby repealed; provided, however, that any liens created thereunder shall not be affected.
27.
Penalties. Any person, firm, company or corporation violating any of the provisions of this local law shall, upon conviction, be punished by a fine of not less than $500 nor more than $1,500 or by imprisonment for not exceeding 30 days, or both such fine and imprisonment.
This act is hereby declared a public act, and shall be construed favorably for every beneficial purpose therein contained. [§ 371, L. 1911, c. 870]
All property heretofore situate in the Town of Lockport but which will be embraced within the limits of and become a part of the City of Lockport upon the enactment of this act shall be exempt from city taxes levied and assessed during the year 1911, except such as may be levied and assessed for local improvements hereafter ordered by the Common Council. [§ 372, L. 1911, c. 870]
The Chief of Police and members of the Police Department in office in said city at the time this act takes effect shall continue in their respective offices and be members of the Police Department of said city until removed or superseded by the Board of Police in the manner herein described. [§ 373, L. 1911, c. 870]
The acts or parts of acts included in the schedule hereto annexed, together with all acts or parts of acts amendatory thereof, are hereby repealed. All acts or parts of acts inconsistent with this act are also hereby repealed, so far as they affect the City of Lockport. [§ 375, L. 1911, c. 870]
The repeal hereby of an act which repeals a prior act does not revive such prior act. The repeal hereby of an act includes the repeal of every act amendatory thereof. The repeal hereby of any act or part thereof shall not affect or impair any act done, offense committed, or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred, prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been effected. Unless otherwise specially provided herein, all actions and proceedings, civil or criminal, commenced under or by virtue of any provision of an act so repealed and pending immediately prior to the taking effect of this act, may be prosecuted and defended to final effect in the same manner as they might if such provisions were not so repealed. The provisions of this act, which are substantially reenactments of the provisions of laws hereby repealed, shall be construed as continuance of such repealed acts, modified or amended according to the language employed. [§ 376, L. 1911, c. 870]
All ordinances and resolutions heretofore adopted by the Common Council or Water Board or the Board of Health, not inconsistent with the provisions of this act or with law, which are in force when this act takes effect, shall continue in force and effect until amended or repealed. [§ 378, L. 1911, c. 870]