[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Plaza 12-20-1989 as L.L. No. 11-1989.
Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 217.
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 Number Seven, Great Neck, lying northerly
of the north line of the Manhasset-Lakeville Water District, which includes
part of the Village of Great Neck Plaza (hereinafter referred to as the "village").
The State Legislature has 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 magnitudes and has
therefore established the Authority to 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.
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, subject to the satisfactory distribution by the Authority
of potable water to the village and its inhabitants and subject to such other
reasonable conditions and regulations as the village shall hereinafter prescribe.
B.
The Authority is hereby granted the nonexclusive franchise,
as described above, for a period of 99 years from the effective date of this
local law.
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. 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 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.
When any public areas on, in, under or through which the Authority has
Authority equipment shall be graded, curbed, paved, resurfaced, widened or
otherwise changed by reason of improvements mandated or required by the village
so as to make the resetting or reconstruction of the Authority 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. To the extent it has the authority to do so, the village
agrees to include in the cost of such improvements and to pay all necessary
costs in raising water and sewer mains, services, manhole covers and other
changes required and necessary for the operation and maintenance of the Authority
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, except as otherwise set forth herein.
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 equipment wherever situated on, in, under
or through all public areas shall be and remain in the Authority.
The invalidity of any word, section, clause, paragraph, sentence, part
or provision of local law shall not affect the validity of any other part
of this local law which can be given effect without such invalid part or parts.
This local law shall take effect immediately as provided in the Municipal
Home Rule Law upon being filed in the office of the Secretary of State, and
an additional copy shall be filed with the Department of Audit and Control.