[HISTORY: Adopted by the Board of Trustees of the Village of Thomaston
2-12-1990 as L.L. No. 1-1990 (Ch. A153 of the 1980 Code). Amendments noted
where applicable.]
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,[1] 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 Thomaston
(hereinafter referred to as the "village"). The state legislature found, in
establishing the Authority, that the groundwater supply system presently operated
by Citizens Water Supply Company of Newtown, 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. 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.
[1]
Editor's Note: See § 1197-a et seq. of the Public Authorities
Law.
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.
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.
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
and causes of action.
When any public area on, in, under or through which the Authority has
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 for 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.
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.
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.
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.