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HomeMy WebLinkAboutLL 5 of 1985 - Sewer Rent and Charges LawPUBLIC HEARING: December 30, 1985 RESOLUTION: December 30, 1985 ADOPTION: December 30, 1985 (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ICb,Yiii* Wof ........................................... L,A Mara ................................................................ %DiKW Local Law No.. 5 ... . .............. . . . of the year 19 Burl....... A TOWN OF LANSING - SEWER RENT AND CHARGES LAW local................................................................................................................................................................................. th~ tnb) Be it enacted by the Town Board _....................... .................... of the .............................. ................................... ......... (Rum d t.ytaloin Body) M&#lt g.................-. ............................... as follows: Town of.......................................................................L,ans,ln _...._.. vmhw ARTICLE I - TITLE Section 1.1 - Local Law No. 5 of the Town of Lansing, County of Tompkins, State of New York, shall be referred to and cited as the, "Town of Lansing Sewer Rent and Charges Law.". ARTICLE II - PURPOSE Section 2.1 - The purpose of this law is to set forth the terms and provisions for the collection of sewer rents and sewer charges of'contracting municipalities for the purpose of producing revenues, such revenues to be used as hereinafter provided. ARTICLE III - APPLICATION Section 3.1 - This law shall apply to all owners of property located within the Town of Lansing Sewer Districts or owners of property connected to same. For the purpose of this law the Town of Lansing Sewer System shall mean the trunk sewers, collection sewers, force mains, pumping stations, sewage treatment plant and all other appurtenant structures either owned or leased by the Town of Lansing Sewer Districts. ARTICLE IV - SEWER RENT - Property owners connected with the Town of Lansing Sewer System shall pay the following annual sewer rent: Section 4.1 - For each property owner who is connected with and receives water from the Town of Lansing Water System, the annual sewer rent charge shall be equal to 10% of the amount charged to said property owner by the town for water consump- tion. Section 4.2 - In addition, the town shall bill and collect the Village of Lansing sewer rent surcharge pursuant to the contract between the Village of Lansing and Town of Lansing and the Village Local Law. Section 4.3 - Such annual sewer rent charge shall be billed and payable quarterly together with the billing for water service and shall be due and payable on the following dates: January 1, April 1, July 1 and October 1. The sewer rent charge shall be designated as a sewer rent surcharge on the billing forwarded by the Town of Lansing to each said property owner. c If additional space is needed, :,lease attach sheets of the same size as this and number each)-" Page 1 Section 4.4 - It is anticipated that the Southern Cayuga Lake Intermunicipal Water Commission shall send out said bills on behalf of the town; that the town will collect the monies and the Town of Lansing will remit the Village of Lansing sur- charge to the village. Section 4.5 - The amounts so billed as sewer rent which are not paid within 20 days of the date on which such amounts are due shall be subject to 10% penalty. ARTICLE V - SEWER RENT - Property owners not connected with the Town of Lansing Water System. Section 5.1 - For each property owner who is not connected with and does not receive water from the Town of Lansing Water System, the annual sewer rent charge shall be equal to 10 cents for each 1,000 gallons of water or portions used by such property owner. Section 5.2 - In addition, the town shall bill and collect the Village of Lansing sewer rent surcharge pursuant to the contract between the Village of Lansing and Town of Lansing and the Village Local Law. Section 5.3 - The town will collect monies billed as sewer rent including the Village. of Lansing sewer rent surcharge and remit same to the village. Section 5.4 - It is the obligation of each such property owner to have a water meter approved by the town and installed on the premises for the purposes of monitoring the amount of water consumption for such property. The cost of such meter shall be born by the property owner, who, upon purchasing such approved meter, shall advise the town, whereupon the town shall be responsible for the installation of such meter and the cost thereof. Meters must be installed in a place easily accessible at all reasonable times for reading and inspection, and the Town of Lansing shall be authorized and permitted to have its duly designated agent read and inspect such meters at all reasonable times. Whenever the town shall determine, in its opinion, that the meter is not registering properly, it shall be removed and calibrated or replaced by a new meter, and the costs.thereof shall be born by the property owner.. After a meter is attached, any damage which the meter may sustain from freezing or from hot water being forced back through the meter or from any other external costs, shall be repaired immediately by the town and the costs thereof chall be charged to the property owner. If the meters need attention of any kind, the town shall be notified at once. Plumbers or other individuals are not allowed to remove meters for repairs or any other purpose. All persons are forbidden to break meter seals, or disconnect, or in any way tamper with meters after they have been installed on the premises. Section 5.5 - Such annual sewer rent charge shall be billed and payable quarterly due and payable on the following dates: January 1, April 1, July 1 and October 1. The sewer rent charge shall be designated as a sewer rent surcharge on the billing forwarded by the Town of Lansing to each said property owner. Section 5.6 - The amounts so billed as sewer rent which are not paid within 20 days of the date in which such amounts are due shall be subject to a 10% penalty. ARTICLE VI - SEWER CHARGES OF CONTRACTING MUNICIPALITIES Section 6.1 - The Town of Lansing Sewer District owes certain monies to the Villages of Lansing and Cayuga Heights per contract. Property owners connected to the Town Sewer System must pay certain monies to the town which will be paid annually to the Villages of Lansing and Cayuga Heights. By April 1, the Town Clerk of the Town of Lansing shall prepare and deliver to the Village Clerks a list of all property owners in the Lansing Sewer District including the number of units and the assessed value of the property. By May 1 of each year, the Villages of Lansing and Cayuga Heights shall supply to the Town Clerk of the Town of Lansing a bill due to each village and the amount due by each property owner. Section 6.2 - The Town Clerk of the Town of Lansing shall prepare a bill to be forwarded to each property owner in the sewer district which shall include: (a) the amount due to the Village of Cayuga Heights; and (b) the amount due to the Village of Lansing. Section 6.3 - The bill shall be mailed to each individual property owner on or about June 1 and shall be due and payable within 30 days to the Town Clerk of the Town of Lansing. The amount so billed as sewer charges which are not paid within 30 days of the date on which such amounts are due shall be subject to 10% penalty. Section.6.4 - The Town Clerk of the Town of Lansing shall remit the total amount due to the Villages of Lansing and Cayuga Heights on or before the 15th day of August of each year. ARTICLE VII - COLLECTION OF UNPAID SEWER RENTS AND CHARGES Section 7.1 - The collection of unpaid sewer rents and charges of contracting municipalities may be enforced pursuant to the provisions of Article XIV(F) of the General Municipal Law as heretofore enacted or hereafter amended. ARTICLE VIII - SEWER RENT FUND Section 8.1 - Revenues derived from sewer rents including penalties and interest shall be credited to a special fund, to be known as the "Sewer Rent Fund". Monies in such fund shall be used in the following order: (1) for the payment of the costs of operation, maintenance and repairs of the sewer system or such part or parts thereof for which sewer rents have been established and imposed; (2) for the payment of the interest on and amortization of, or payment of, indebtedness which has been or shall be incurred for the construction of the sewer system or such part or parts thereof for which sewer rents have been established and imposed (other than indebtedness, and the interest thereon, which is to be paid in the first instance from assessments upon benefitted real property); and (3) for the construction of sewage treatment and disposal work which would necessary appurten- ances,including pumping stations or the extension, enlargment or the replacement of, or additions to such sewer systems or part or parts thereof. Section 8.2 - Such revenues from sewer rents shall not be used: (1) to finance the cost of any extension of any part of the sewer system (other than a sewage treatment and disposal works with necessary appurtenances including pumping .stations) to serve unsewered areas as such part has been constructed wholly or partly at the expense of real property especially benefitted; or (2) for the payment of the interest on, and the amortization of, or payment of indebtedness which is to be paid in the first instance from assessments upon benefitted real property. ARTICLE IX - EFFECTIVE DATE Section 9.1 - This Local Law shall be in full force and effect from and after its passage, filing and publication as required by the Municipal Home Rule Law of the State of New York. (Complete the certification in the paragraph which applies to thefiling of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No...5..............of 1985.... O'dii6ltY of the Cuf of..........�,dt1Sing............ was duly passed by the ................Lansing..Tawa.-Board........................ Tow)down (Name of Legislative Body) on ................. Qacember.10..... 19-85.. in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassago after disapproval.) hereby certify that the local law annexed hereto, designated as local law No.....................of 19........ County of the Tawn of......................................was dui passed b the (Name of Legislative Body) Village not disapproved on.................................................19........ and was approved by the ....................,.................................. repassed after disapproval Elective Chief Executive Officer * and was deemed duly adopted on........................................................19........ , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. .................. of 19.......... County of the City of ...................................... was dui passed b the Town Y P Y...................................................................................... (Nome of Legislative Body) Village not disapproved on...................................................19........ and was approved by the............................................................... repassed after disapproval Elective Chief TNxeeueive Officer on......................................................................19........ Such local law was submitted to the people by reason of a mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on......................................................19........ , in accordance with the appli- annual cable provisions of law. 4. (Subject to permissive referendum , and final adoption because no valid petition filed requesting referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No.... ............... of 19.......... County of the City of was duly passed by the........................................................... Town ...................................... .....................on (Name of Legislative Body) Village not disapproved 19........ and was approved by the.........................................................on repassed after disapproval Elective Chief Executive 0!licer * ..............................................................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19......... in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basic or, if there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto loco( Iowa or ordhnnces. Page 2 5. (City local law concerning Charter re%ision proposed by petition.) 1 hereby- certify that the local law annexed hereto, designated as local law No ..................... of 19........ of the City of.......................................................................... having been submitted to referendum pursuant to the provisions of $ 37 of the Municipal home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the special election held on ......................... general ................19 ............ became operative. 6. (County local law concerning adoption of Charter.) 1 hereby certify that the local law annexed hereto, designated as Local Law No....... of 19...... of the County of ......................................... State of New York, having been submitted to the Electors at the Generai Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities .of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (if any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ............. I.............. above. cierk of the eommy iesideto a body. at. Town on".., .. , ,, %. ",, .twit Date: December 30, 1985 (Seal) (Certification to'be executed by County Attorney, Corporation Counsel, Town Attorney. Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ..........................Tompk I n�....... 1. the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. .........T.owA Attprnny...................... M99 Date: December 30, 1985 CXMX)WX )Gig of .............. Lens i n9.......................... Town *Hinge Page 3