New York General Municipal Code § 120-U

Mutual aid for water service
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§ 120-u. Mutual aid for water service. 1. As used in this section:\n(a) "Municipal corporations," "municipality" or "municipal" means and\nincludes any city, village, district corporation or public benefit\ncorporation, which owns and operates a water system for domestic,\ncommercial or public uses; a suburban town operating a water system as a\nspecial improvement, with respect to such system; and subject to the\nprovisions of subdivision thirteen, a town or county water district;\n  (b) "Water system" means and includes all the pipes, pumping stations,\nelevated tanks and other structures and appurtenances necessary to the\ndelivery of water under pressure and owned and operated by a\nmunicipality, water works corporation, industrial corporation or other\nwater purveyor;\n  (c) "Interconnection" means and includes all of the piping, valves,\npumps or other appurtenances installed between two different water\nsystems which are necessary to make it possible for water from either\nsystem to be supplied to the other;\n  (d) "State coordinator" means the state coordinator of water supply\nappointed by the state commissioner of health pursuant to the provisions\nof this section;\n  (e) "Emergency" means a temporary condition of failure or inadequacy\nof the supply of water resulting from stress of weather, convulsion of\nnature, fire, failure of power, mechanical breakdown, breakage or\nstoppage of mains and other portions of the waterworks system either\nfrom accident, malice, acts of war or civil commotion, or other\ngenerally unforeseeable events and temporary interruptions of service\ndue to repairs, replacements or extensions.\n  2. It is hereby found, determined and declared to be in the public\ninterest that a mutual aid plan for water service in event of possible\nemergency be established for municipalities, water works corporations,\nindustrial corporations and other purveyors of water in this state; that\nan adequate and continued supply of water to all the people of the state\nis a public purpose vital to the public health and welfare; and that any\nmunicipality in the exercise of its powers hereunder will be performing\nan essential governmental function vital to the public security and for\nthe protection of the property of the municipality and its inhabitants.\n  3. Notwithstanding any inconsistent provision of this chapter or of\nany other general, special or local law or charter provision, except the\napplicable provisions of the public health and conservation laws, every\nmunicipality shall have, and whenever the governing body of the\nmunicipality shall determine that the public interest so requires, may\nexercise, the power:\n  (a) to construct, operate and maintain an interconnection for\nemergency use between its water system and any other water system under\nsuch arrangement for payment of costs and emergency use of the same as\nmay be agreed upon by the municipality and authorities in charge of such\nother water system and to acquire necessary lands, easements or other\ninterests in land and rights of way therefor either within or outside\nthe municipality for that purpose;\n  (b) to construct necessary waterlines to extend water service for\nemergency use and to acquire necessary lands, easements or other\ninterests in lands and rights of way therefor either within or outside\nof the municipality for that purpose;\n  (c) to buy water or to sell water delivered through any\ninterconnection during an emergency whether or not there be an excess of\nwater for the selling municipality;\n  (d) to enter into agreement with any other municipality, water works\ncorporation, industrial corporation or other purveyor of water as to the\nrate or charge to be paid for water delivered through an interconnection\nduring an emergency, which rate shall not include any standby charge nor\nexceed the rate charged in the selling municipality or in case of a\nwater works corporation, the rate allowed by the public service\ncommi

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