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Chapter 12A - Natural
Gas Supply
§
12A-1.
§ 12A-2.
§ 12A-3.
§ 12A-4.
§ 12A-5.
§ 12A-6.
§ 12A-7.
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Intent
Establishment and operation.
Plant and facilities.
Service and maintenance.
Gas Supply.
Mandatory referendum.
When effective.
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[HISTORY: Adopted by the Board of Trustees of
the Village of Farmingdale 4-21-1997 as L.L. No.
2, 1997. Amendments noted where applicable.]
§ 12A-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 Gas
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 gas 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 gas to the residents, businesses
and other consumers of gas 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
economic way for gas and gas 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 Gas Utility;
The Trustees of the Village
of Farmingdale hereby enact this local law for
the intent and purpose of establishing a
Municipal Gas Utility pursuant to § 360 of the
General Municipal Law and all of the powers and
duties there under.
§ 12A-2. Establishment and
operation
| A.
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The
Village of Farmingdale Municipal Gas
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 gas energy
system and utility and a supply of gas
such as are necessary for the creation
of the Farmingdale Municipal Gas
Utility. |
| B.
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The
proposed method of constructing,
leasing, purchasing or acquiring the
plant and facilities for the Municipal
Gas Utility, together with both the
maximum and the established costs
thereof, the method of furnishing such
service and the method of obtaining gas
supply shall be as follows in §§l;
12A-3 through 12A-5. |
§ 12A-3. Plant and
facilities.
| A.
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The
Village of Farmingdale Municipal Gas
Utility will obtain, by purchase, lease
or condemnation, access to or use of the
gas 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
systems. The Village of Farmingdale
Municipal Gas Utility also may
construct, in its discretion, new
infrastructure instead of acquiring
Lilco property. |
| B.
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The
maximum and estimated cost of the items
set forth in Subsection A hereof should
be $500,000. |
| C.
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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 Gas 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. |
| D.
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None of
those costs of the acquisition,
construction, development,
implementation and operation of the
Village of Farmingdale Municipal Gas
Utility shall be included in or have any
affect on the village general budget or
the assessment of village property
taxes. |
| E.
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The
entire costs of the acquisition,
construction, development,
implementation and operation of the
Village of Farmingdale Municipal Gas
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 Gas Utility
Corporation will be paid from the
revenues generated by the Village of
Farmingdale Municipal Gas Utility only. |
§ 12A-4. Service and
maintenance.
| A.
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The
Village of Farmingdale Municipal Gas
Utility will obtain service and
maintenance for the infrastructure of
the Municipal Gas 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. |
| B.
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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 Gas Utility if the
village deems it to be in its best
interests to do so. |
§ 12A-5. Gas supply.
The Village of Farmingdale
Municipal Gas Utility will obtain its supply of
gas by contracting with a utility or supplier to
provide the supply.
§ 12A-6. Mandatory
referendum.
| A.
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This
local law shall be subject to approval
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 Village Law of the
State of New York. |
| B.
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The
Village of Farmingdale Municipal Gas
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. |
§ 12A-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 § 360of 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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