[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Estates 1-8-1990 by L.L. No. 1-1990 (Ch. A132 of the 1981 Code). Amendments
noted where applicable.]
§ A236-1 Legislative findings.
§ A236-2 Franchise granted.
§ A236-3 Construction and maintenance of equipment.
§ A236-4 Liability.
§ A236-5 Grade change.
§ A236-6 Fees.
§ A236-7 Easements.
§ A236-8 Title to equipment
§ A236-1 Legislative findings.
A.
The Water Authority of Great Neck North (hereinafter
referred to as the "Authority") has been established as a public benefit corporation,
under Title 8-B of the Public Authorities Law, to provide potable water to
the area within Union Free School District No. 7, Great Neck, lying northerly
of the north line of the Manhasset-Lakeville Water District, which includes
part of the Village of Great Neck Estates (hereinafter referred to as the
"Village").
B.
The state legislature found, in establishing the Authority,
that the groundwater supply system presently operated by Citizens Water Supply
Company of Newton, a private utility in the northern portion of the Great
Neck peninsula, is fragile and subject to episodic deficiencies of varying
magnitude; and it was hoped that the Authority would protect, preserve and
enhance the quality and quantity of the water supply area.
C.
The Authority has applied to the Village for a nonexclusive
franchise to transmit and distribute potable water on, in, under and through
all streets within the Village in order to carry out the purposes for which
it was created and the duties with which it has been charged. The Village
believes that it is in the best interests of the Village and that it will
promote the health, safety and welfare of its inhabitants to grant the franchise
applied for.
§ A236-2 Franchise granted.
A.
In consideration for the benefits to be provided to the
Village and its inhabitants from the proposed distribution of potable water
by the Authority, the Authority is hereby granted the nonexclusive franchise
to lay, install, construct, maintain, use, repair, remove, extend, operate
and replace water pipes, mains, valves, hydrants, standpipes and fixtures
appurtenant thereto (hereinafter collectively referred to as the "Authority's
equipment") on, in, under and through all streets within the Village, as "street"
is defined in § 6-600 of the Village Law of the State of New York,
and other easements and rights-of-way owned by the Village (hereinafter collectively
referred to as the "public areas"), subject to the conditions and regulations
hereinafter set forth.
B.
The Authority is hereby granted a perpetual and nonexclusive
franchise.
C.
No action shall be taken by the Authority pursuant to
this local law until it has filed with the Village, in a form approved by
the Village Attorney, a written acceptance of the franchise granted herein
and all of the terms and conditions specified in this local law.
§ A236-3 Construction and maintenance of equipment.
A.
The Authority's equipment shall be located so as not
to interfere unnecessarily with the use of the public areas; and all of the
work performed by the Authority pursuant to this local law shall be performed
in accordance with the provisions of any and all general laws, ordinances
and regulations of the Village governing the excavation in and repair of the
public areas of the Village.
B.
The Authority's equipment shall be located, laid, installed,
constructed, maintained, used, repaired, removed, extended, operated and replaced
so as not to damage unnecessarily any of the public areas, drains, storm sewers,
catch basins or other Village improvements, but should any such improvements
be damaged by the Authority, the Authority shall forthwith repair the damage
and restore the improvement to as good condition as existed prior to such
damage.
§ A236-4 Liability.
The Authority shall indemnify the Village and hold it harmless from
all claims, demands, actions or causes of action arising from the locating,
laying, installing, constructing, maintaining, using, repairing, removing,
extending, operating or replacing the Authority's equipment by the Authority
pursuant to this local law or from any cause or thing whatsoever arising out
of or by reason of the occupancy or use of the public areas by the Authority
pursuant to this local law, including any expenses and attorneys' fees incurred
by the Village in defending itself against any such claims, demands, actions
or causes of action.
§ A236-5 Grade change.
When any public areas on, in, under or through which the Authority has
Authority's equipment shall be graded, curbed, paved, resurfaced, widened
or otherwise changed so as to make the resetting or reconstruction of the
Authority's equipment necessary, the Authority shall make such necessary changes
as required in preparation for said construction and in a reasonable time
after receiving written notice from the Village. The Village agrees to include
in the cost of such improvements and to pay all necessary costs to raising
water and sewer mains, services, manhole covers and other changes required
and necessary to the operation and maintenance of the Authority's equipment
and to have the work done under the terms of the general contract for the
street improvements. If such improvements are constructed by any contractor
engaged by the Village for the purpose of making such street improvements,
then the required changes in the Authority's equipment shall be performed
under the supervision of a duly authorized representative of the Authority.
§ A236-6 Fees.
During the term of this local law, no fees, charges or assessments shall
be made by the Village to the Authority for the Authority's exercise of its
rights under this local law.
§ A236-7 Easements.
Nothing contained in this local law shall be construed as preventing,
diminishing or restricting the Authority from using for water transmission
and distribution purposes any easement on any plat or plats of any portion
of the Village heretofore or hereafter platted or recorded or any easement
which has been or may hereafter be created, granted or dedicated for water
transmission and distribution purposes.
§ A236-8 Title to equipment
Title to all of the Authority's equipment wherever situated on, in,
under or through all public areas shall be and remain in the Authority.