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Chapter 3A - Electric
Supply
§ 3A-1.
§ 3A-2.
§ 3A-3.
§ 3A-4.
§ 3A-5.
§ 3A-6.
§ 3A-7. |
Intent.
Establishment and operation.
Plant and facilities.
Service and Maintenance.
Electrical supply.
Mandatory referendum.
When effective.
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[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale
4-21-1997 by L.L. No. 1, 1997. Amendments noted where applicable.]
§ 3A-1. Intent.
WHEREAS the Incorporated Village of Farmingdale is a
village duly incorporated under the laws of the State of New York; and
WHEREAS the Trustees of the Village of Farmingdale are
duly empowered pursuant to § 10 of the Municipal Home Rule Law and § 360
of the General Municipal Law of the State of New York to form a Municipal
Electric Utility for the village; and
WHEREAS it is essential for the well-being, livelihood
and safety of the residents and businesses of the village and of the other
consumers of electric power in the village, including the village itself,
and of their families and guests, for the economic climate of the village
and for the protection of private and public property within the village
and the value of that property , that the supply and distribution of
electricity to the residents, businesses and other consumers of electric
power in the village, and the village itself, be provided in a reliable
manner and at a fair and reasonable cost; and
WHEREAS the Trustees have determined that the most
reliable, fair and economical way for electricity and electrical service
to be provided to the Village of Farmingdale, its residents and businesses
and institutions is by the creation of the Village of Farmingdale
Municipal Electric Utility;
The Trustees of the Village of Farmingdale hereby enact
this local law for the intent and purpose of establishing a Municipal
Electric Utility pursuant to § 360 of the General Municipal Law and all
of the powers and duties thereunder.
§ 3A-2. Establishment and operation.
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| A. |
The Village of Farmingdale Municipal
Electric Utility shall acquire the necessary plant and facilities,
and either establish necessary functions for or procure contracts
for the maintenance, service and billing of the electrical energy
system and utility, and a supply of electrical energy such as are
necessary for the creation of the Farmingdale Municipal Electric
Utility.
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| B. |
The proposed method of constructing,
leasing, purchasing or acquiring the plant and facilities for the
municipal utility, together with both the maximum and the estimated
costs thereof, the method of furnishing such service and the method
of obtaining electrical supply shall be as follows in §§ 3A-3
through 3A-5. |
§ 3A-3. Plant and facilities.
| A. |
The Village of Farmingdale Municipal
Electric Utility will obtain by purchase or condemnation the
electrical distribution system within the boundaries of the village
currently owned by the Long Island Lighting Corporation (Lilco) and
will construct such additional infrastructure as may be needed to
separate itself from the Lilco system. The Village of Farmingdale
Municipal Electric Utility also may construct its own generating
facilities to supply electrical energy to its customers and, in its
discretion, may construct new infrastructure instead of acquiring
Lilco property.
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| B. |
The maximum and estimated cost of
the items set forth in Subsection A hereof should be $20,070,000.
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| C. |
The cost of the acquisition of the
plant, facilities, distribution system and any other costs that are
necessary for the implementation of the Village of Farmingdale
Municipal Utility shall be paid by the issuance of a bond by the
village for the useful life of the equipment and facilities, and the
longest maturity possible, which is expected to be 30 years.
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| D. |
None of the costs of the
acquisition, construction, development, implementation and operation
of the Village of Farmingdale Municipal Electric Utility shall be
included in or have any affect on the village general budget or the
assessment of village property taxes.
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| E. |
The entire costs of the acquisition,
construction, development, implementation and operation of the
Village of Farmingdale Municipal Electric Utility, including the
debt service of any financing that is created in order to pay the
costs thereof, including the long-term bond that is described
herein, as well as any other costs of the Farmingdale Municipal
Electric Utility Corporation will be paid from the revenues
generated by the Village of Farmingdale Municipal Utility only.
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§ 3A-4. Service and maintenance.
| A. |
The Village of Farmingdale Municipal
Utility will obtain service and maintenance for the infrastructure
of the Municipal Electric Utility, and billing and management
services, by obtaining contracts with suitable and acceptable
maintenance, service and billing companies. The contracts will be
supported wherever possible by a performance bond of an amount
acceptable to the village.
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| B. |
The village will also consider and
retain the ability and power to create its own maintenance and
service and billing department, including the equipment, materials
and supplies required for that department, in order to provide
service and maintenance to the Village of Farmingdale Municipal
Electric Utility if the village deems it to be in the best interests
to do so. |
§ 3A-5. Electric supply.
The Village of Farmingdale Municipal Utility will obtain
its supply of electricity either by contracting with a utility or supplier
or by generating its own electricity, or a combination thereof.
§ 3A-6. Mandatory referendum.
| A. |
This local law shall be subject to
aproval by a mandatory referendum of the residents of the
Incorporated Village of Farmingdale, pursuant to and as set forth in
§ 360 of the General Municipal Law of the State of New York, the
Election Law and the Village Law of the State of New York.
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| B. |
The Village of Farmingdale Municipal
Utility shall be effective and granted the full powers entitled to
it by law on the date of the approval by a simple majority of the
referendum and the filing of the local law with the Secretary of
State of New York. |
§ 3A-7. When effective.
The local law shall take effect on the filing of the
approved local law with the Secretary of State of New York, which shall be
within five days after its approval by a simple majority of the voters by
mandatory referendum at an election to be held to approve this local law,
pursuant to § 360 of the General Municipal Law.1
1 Editor's Note: This local law was passed by
referendum at a special election 7-22-1997.
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