Section 24-361. Change in sanitary sewers in city of Kingston, before water taken from Esopus creek, Ulster county  


Latest version.
  • In case any water shall be taken  under the provisions of this subchapter from the  Esopus  creek  in  the
      county  of  Ulster, then and in that event and before any water shall be
      diverted from such Esopus creek, the city of  New  York  shall,  at  the
      expense,  cost and charge of the city and under a plan to be approved of
      by the common council and the city engineer of  the  city  of  Kingston,
      build,  construct,  reconstruct,  alter or change the sanitary sewers of
      such city of Kingston known as the first and  eighth  ward  sewers,  the
      trunk  sewer  of  which follows the general line of the Tannery brook in
      such city of Kingston and which now discharges or flows into the  Esopus
      creek,  so  that  the same shall discharge into the Hudson river or into
      the Rondout creek. The city of New York shall be liable for all  damages
      of   every   name  and  nature  which  may  result  from  the  building,
      construction, reconstruction, alteration or changing of such sewers, and
      shall also at the expense, cost and charge of the city of New York,  but
      in  the  name  of  the  city  of Kingston, acquire by purchase or by the
      condemnation proceedings provided for by this subchapter, all rights  in
      and  over  private  lands  in  the  city  of  Kingston,  which it may be
      necessary to acquire in order to build, construct, reconstruct, alter or
      change such sewers. The city of New York in executing such plan, may use
      for such purposes the public streets of the  city  of  Kingston  or  any
      right  of  way  or  easement  that  the city of Kingston now has for the
      purpose of constructing or maintaining sewers.