The Council shall have the power, and it shall be its duty, to take over, arrange and provide for the management, control and operation of the entire water system and plant of the City of Auburn to furnish and supply, and to continue to furnish and supply, a sufficient quantity of good and wholesome water to the City of Auburn and the people thereof, except that it shall not enact or enforce any local law or ordinance or resolution for any purpose pertaining in any manner to the fluoridation of the water under the control of the City or of the Water Department of the City government. For this purpose the Council shall have power to adopt ordinances, rules and regulations for the protection and preservation of such waterworks, system, property, watershed, and the sources from which such water is furnished and to acquire such additional lands and rights as it may deem essential, to purchase, install and operate machinery, pumps, mains and all other equipment and property necessary or essential in its judgment to furnish and supply such water and to perform and discharge the duties herein imposed and to exercise the powers herein conferred. It may also furnish and supply water to owners and occupants of property lying outside of, but adjacent to, the City of Auburn.
Editor's Note: Original § 124, which immediately preceded this section, was deleted since the provision relating to a Water Board expired 1-1-1921.
The City Manager shall be the administrative head of the Water Department. He or she shall appoint such officers and employees as the Council decides are needful or essential in the conduct and management of such Department, at salaries to be fixed by the Council, and may from time to time change or remove any such appointees or employees. The Civil Service Law, rules and regulations shall apply so far as practicable to all positions in this Department.
On or before the first day of June in each year, the City Manager shall prepare and submit to the Council of said City an estimate or proposed budget for the Water Department of said City for the fiscal year beginning the following year July 1, it being the intention of this section to make the fiscal year of said Water Department the same as the City's fiscal year as provided in this Charter. Such estimate or proposed budget shall show, so far as ascertainable:
The Council shall thereupon order public hearings thereon and direct that notice thereof shall be published at least twice in a daily newspaper published in said City not more than four days before the date of such hearing. After hearing any taxpayer at said hearing in reference thereto, the Council may adopt such estimates as submitted or increase, diminish, reject or otherwise modify or amend the same and adopt the estimates as so modified or amended. When such estimates as presented or amended shall have been adopted, the same shall be entered in full in the minutes of the Council and published in its proceedings, and the several sums in such final estimates so adopted shall be and become appropriated for the several purposes named in such estimates. Such estimates shall be known as the "Water Department budget."
The Council shall adopt such rules, regulations and ordinances as may be necessary or appropriate in the management and operation of the Water Department.
Council to establish water rates. The Council shall determine and fix the rates, rents and charges and change or amend the same, from time to time, and shall have power to arrange and direct, by ordinance, that all delinquent water rates, rentals and charges may be added to the annual City tax on the property to or for which such water was furnished or service rendered, after a hearing thereon to the owner of such property. The Council shall have power to provide for such hearing and to adopt rules and make provisions to govern and control the same.
Use of income. The income from water rates, rents and charges and the proceeds from the sale of water bonds shall be kept separate and apart from other City funds and revenues and shall be used only for the upkeep, maintenance, extension and benefit of the water system, including the sinking fund for the retirement of water bonds, and the payment of bonds, and for the payment of earnings to which the City of Auburn may be entitled under and by virtue of § 94 of the General Municipal Law of the State of New York, from and of the operation of the Water Department of said City.
All property and rights acquired by the Water Board in the management and operation of such water system under Chapter 479 of the Laws of 1892, as revised and supplemented by Chapter 36 of the Laws of 1894, as amended, shall be, and continue to be, the property of the City of Auburn in whatever name such property or rights were or may be acquired, and the City of Auburn shall succeed to all property and rights owned or possessed by the said Water Board and be and become the owner thereof. The Council shall provide for the payment of all obligations of the said Water Board owing on January 1, 1921, including water bonds, and for the maintenance of the sinking fund for the retirement of water bonds, as required by said repealed water acts.
[Added 10-30-1997 by L.L. No. 3-1997]
At the request of the property owner to construct, build, reconstruct water service pipes in need of repair from the main to the meter, to have such work or improvement done by the City or by contract, to pay for the same from City funds and assess such total costs against the property benefited and to further provide that the cost of any such work or improvement be paid at once or in annual installment as an assessment upon the real property of said owner.