[Adopted 2-6-1990 as L.L. No. 1, 1990]
The Water Authority of Great Neck North (hereinafter referred to as the "Authority") has been established as a public benefit corporation, under Article 5, 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 Manhasset-Lakeville Water District, which is situated within the Town of North Hempstead (hereinafter referred to as the "town"). 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 town for a nonexclusive franchise to transmit and distribute potable water on, in, under and through all streets within the town in order to carry out the purposes for which it was created and the duties with which it has been charged. The town believes that it is in the best interests of the town and that it will promote the health, safety and welfare of its inhabitants to grant the franchise applied for.
A. 
In consideration for the benefits to be provided to the town 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 town, 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 town (hereinafter collectively referred to as the "public areas"), subject to the conditions and regulations hereinafter set forth.
B. 
The Authority is hereby granted a nonexclusive franchise while this local law shall remain in effect.
C. 
No action shall be taken by the Authority pursuant to this local law until it has filed with the town, in a form approved by the Town 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 town governing the excavation in and repair of the public areas of the town.
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 town 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 town 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 of 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 attorney's fees incurred by the town in defending itself against any such claims, demands, actions or causes of action.
Whenever the town shall engage a contractor to grade, curb, pave, resurface, widen or otherwise change any public areas on, in, under or through which the Authority has Authority equipment so as to make the resetting or reconstruction of the Authority's equipment necessary, the Authority shall make such necessary changes of Authority equipment as required in preparation for said construction and in a reasonable time after receiving written notice from the town. The Authority shall be responsible for paying 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 impacted by the street improvements enumerated above. Any required changes in the Authority's equipment shall be performed after consultation by the Authority with the Town Department of Public Works and under the supervision of a duly authorized representative of the Authority.
While this local law shall remain in effect, no fees, charges or assessments shall be made by the town 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 town 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.
Nothing contained herein shall in any way be deemed to limit the right of the town to adopt, in addition to the provisions of this agreement and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its reasonable police power; provided, however, that such regulations are reasonable and do not materially conflict with the terms and conditions of this nonexclusive franchise agreement.
In the event that any part of this local law shall hereafter be declared or determined by any court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of this local law nor any of the remaining portions, and the remaining portions of this local law shall remain in full force and effect.
This local law shall take effect immediately.