WATER SERVICE AGREEMENT
THIS AGREEMENT is made this day of ____________, 2006 by and between THE VILLAGE OF NEW PALTZ, a municipal corporation, having its offices at the Village Hall, 25 Plattekill Avenue, New Paltz, New York, hereinafter referred to as the "Village", and THE TOWN OF NEW PALTZ, a political subdivision of the County of Ulster and State of New York, having its offices at the Town Hall, 1 Veterans Drive, New Paltz, New York, hereinafter referred to as the "Town", on behalf of the Town of New Paltz water districts presently existing, hereinafter referred to as the "water districts";
W I T N E S S E T H:
WHEREAS, the Village of New Paltz owns and maintains a water supply and distribution system and agrees to sell water to the Town for domestic and fire-protection purposes; and
WHEREAS, the Town has established several special-improvement water districts in a portion of the Town outside of the Village; and
WHEREAS, the Village is willing to supply water for domestic and fire purposes to these water districts, subject to the covenants and conditions hereinafter contained;
NOW, THEREFORE, in consideration thereof, the parties hereto mutually agree as follows:
1. The Village agrees to provide an ample supply of water for domestic, commercial, and fire-protection purposes to the water districts presently existing in the Town, to the extent provided in this Agreement.
2. On or before the last day of March, June, September, and December of each quarter of the year or years in which this Agreement is in effect, the Town Clerk shall furnish to the Village Clerk a certified copy of the cubic-foot consumption as shown by the meter readings for the previous quarter of each metered consumer within the portion of the Town affected by this Agreement. The Village and its duly authorized representatives shall have access to the books and records relating to the reading of the water meters by the Town at all times, upon giving notice.
3. The Town agrees to pay the Village a quarter-annual water charge at a rate set at 150% of that paid by Village of New Paltz consumers.
4. Within fifteen (15) days after the Village Clerk receives the certified copy of the meter readings of the Town consumers, the Village Clerk shall furnish to the Town Clerk and itemized statement of the water charges due hereunder. The Town shall pay the amount due in the Village in fully within thirty (30) days after receipt of the statement so rendered. In the event the amount due is not received by the Village Clerk within thirty (30) days, late payment charge of two (2%) percent of the amount of the statement shall be added thereto and payable to the Village with the amount of the charges due.
5. The parties acknowledge that the allowable volume of water permitted by the City of New York for consumption by the Village at the "Catskill Aqueduct water rate" for the per capita consumption of water by residents of the City of New York as determined by the last preceding federal census and that the volume of water used in excess of the Village/City of New York per capita ratio is charged to the Village at the "New York City rate". In each event that the Village is charged by the City of New York for water consumed at the "New York City rate", the Town will reimburse the Village an amount equal to one-third (1/3) of the excess charge of the "New York City rate" over the "Catskill Aqueduct water rate" for each such billing period. The reimbursement shall be made to the Village Treasurer within twenty (20) days after a voucher for payment is presented to the Town Clerk.
6. The parties further acknowledge the requirement of the City of New York that the Village may furnish water outside of its boundaries only to the water districts formally established by the Town of New Paltz and approved by the Comptroller of the State of New York, if applicable. No further connections may be made to the water supply and distribution system by any consumers within the Town of New Paltz except within the boundaries of a duly constituted water district created in the manner required by the law as of January 1, 2004 and no established district boundaries may be expanded until the Town furnishes to the Village:
(a) six copies of an updated map showing the boundaries of each of the Town water districts and indicating the interconnections, pumping stations, storage points and gradients;
(b) listing and description of all interconnections between the Village and Town water districts;
(c) certified statement by the population residing within the limits of each Town water district; by the supervisor;
(d) certified copy of a resolution adopted by the Town Board authorizing the execution of a water supply agreement by and among the New York City Water Board, the Village, and the Town of behalf of the Town water districts, and agreeing to comply with the provisions of the Administrative Code of the City of New York, which relate to obtaining and receiving a supply of water from New York City;
(e) certified copy of a resolution adopted by the Town Board establishing each of the water districts within the Town, together with the permits or approvals by the New York State Department of Health and the New York State Department of Environmental Conservation authorizing the taking of the New York City water by the districts via the interconnections with the Village water supply system; and
(f) certified copy of the official authorization by the Comptroller of the State of New York for the establishment of each of the Town water districts currently receiving water from the New York City water supply system, if required.
7. The Town hereby agrees to provide, install, and maintain meters for each consumer as the basis for measurement and payment for water as provided in this Agreement. Only meters measuring water supplied in a cubic-foot quantity shall be used by the Town.
8. The Town shall promptly notify the Superintendent of Public Works of the Village of any leak occurring between the curb box and water meter of any premises or in any automatic fire prevention sprinkler system installed at any premises in the town supplied with water pursuant to this Agreement. The Superintendent, in cooperation with the Town Engineer, shall determine the approximate quantity of water lost as the result of the leak and the cost thereof shall be added to the statement furnished by the Village Clerk to the Town for the current quarter at the current rate.
9. Periodically, but no less than once in each 24-month period, the Town will engage the services of a leak detection company to locate any water main leaks within the portion of the water distribution system in the Town and to promptly notify the Superintendent of Public Works of the Village of the results of such report. Any leaks determined to exist shall be promptly repaired by the Town at its expense.
10. The parties hereto specifically agree that the Town shall install and maintain, at its own expense, all laterals and mains in the Town outside of the incorporated Village. Upon prior notice to the Town, the Village may inspect the aforesaid laterals and mains in connections with the operation, maintenance, or expansion of the Town water supply and distribution system. Subject to the provisions of paragraph 6 hereof, within seven (7) days after the Town Building Inspector shall issue a building permit for any additions, alterations, or new construction as the result of which an additional consumer will be added or an additional connection made to the Town water supply and distribution system, the Town Building Inspector shall give notice thereof to the Village Clerk.
11. The plans and specifications for all laterals and mains in the Town shall be approved by the Village Engineer and Town Engineer and installation shall be supervised by the Village Engineer and Town Engineer.
12. The Town shall obtain the approval of the Board of Trustees of the Village before making any future additions or extensions to the present water districts of the Town, notwithstanding that the Town may also be required to make application to the New York State Department of Environmental Conservation or by a successor body having the same or similar powers, duties and regulations for approval of any future additions or extensions of the present water districts. Upon sixty (60) days written notice to the Village, the Town may remove water districts or portions of districts covered by this Agreement. The Town shall be responsible for terminating the connection to water provided by the Village to the properties in the affected water districts or portions of water districts
13. This Agreement is made solely on the proposition that the Village, at present, has excess water and the Village shall not be obligated under this Agreement to increase its supply and distribution system at any time in the future to provide excess water. This shall be binding upon and inure to the benefit of any additional water districts established by the Town during the duration of this Agreement. The Village, however, assumes no responsibility to the Town to provide a pumping station or pumps to maintain pressure and supply to any future extensions by the Town.
14. This Agreement shall be subject to the approval of the City of New York, the New York State Department of Environmental Conservation, and any other board or body having jurisdiction in the matter and shall also be subject to all the conditions and limitations of the present City of New York agreement to furnish water to the Village. The Town agrees to apply to the New York City Water Board for a permit to draw water, if required.
15. The Village and Town hereby agree to comply with all the rules and regulations of the State Commissioner of Health pertaining to water-supply treatment and distribution and to conform the sanitary and physical quality of the water furnished by the Village to the Town to the drinking-water standards of the United States Public Health Services as approved for the year 1946 or the year of latest revision.
16. The Village will undertake to perform on behalf of the Town the tests and monitoring requirements of the New York State Department of Health relating to turbidity and organic, inorganic, microbiological, and radiological contaminants and such other examinations which are required from time to time of the water supplied by the Village to the water districts of the Town. The Village will promptly notice the Town if any of the tests disclosed the presence of contaminants and the Village accepts responsibility for the correction of all conditions found to exist within the water supply or distribution system, originating outside the Town.
17. All notices shall be writing, at least an original and one copy signed by the party giving such notice, and shall be served either personally or by registered mail addressed as follows:
- To the Town: Supervisor
- Town of New Paltz
- P.O. Box 550
- New Paltz, New York 12561
- To the Village:Mayor
- Village of New Paltz
- P.O. Box 877
- New Paltz, New York 12561
18. Neither party hereto shall assign, transfer, or convey this Agreement or any part thereof or any interest therein without the consent of the other party in writing.
19. This Agreement may be amended or modified during the term hereof by mutual agreement of the parties in writing executed by them.
20. This Agreement shall commence as of the date of signing, and terminates on December 31, 2009.
21. This Agreement supersedes the prior Agreements entered into between the Village and Town for the same service and purposes herein above set forth.
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above.
THE VILLAGE OF NEW PALTZ __________________________________ BY: Jason West, Mayor
Attest: ______________________________ Jean Gallucci, Village Clerk
THE TOWN OF NEW PALTZ ___________________________________ By: Toni Hokanson, Supervisor
Attest: ________________________________ Marian A. Cappillino, Town Clerk
The foregoing Agreement was approved by
the Board of Trustees of the Village of New Paltz on ____________ ________, 2006 and by
the Town Board of the Town of New Paltz on_____________ ________, 2006.
