[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.
