[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Water — See Ch. 577.
[Adopted 4-21-1997 by L.L. No. 1-1997 (Ch. 3A of the 1975
Code)]
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WHEREAS the Incorporated Village of Farmingdale is a Village
duly incorporated under the laws of the State of New York; and
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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
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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
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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;
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The Trustees of the Village of Farmingdale hereby enact this
article 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.
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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 electricity such as are necessary for the creation of the Farmingdale
Municipal Electric Utility.
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 §§ 199-3 through 199-5.
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) or successor corporation 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.[1]
B.
The maximum and estimated cost of the items set forth in Subsection A hereof should be $20,070,000.
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 Electric 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.
None of those costs of the acquisition, construction, development,
implementation or operation of the Village of Farmingdale Municipal
Electric Utility shall be included in or have any effect on the Village
general budget or the assessment of Village property taxes.
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.
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.
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.
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.
A.
This article 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 the Village Law of
the State of New York.
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.
This article 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
article, 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.
[Adopted 4-21-1997 by L.L. No. 2-1997 (Ch. 12A of the 1975
Code)]
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WHEREAS the Incorporated Village of Farmingdale is a Village
duly incorporated under the laws of the State of New York; and
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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
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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
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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;
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The Trustees of the Village of Farmingdale hereby enact this
article 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 thereunder.
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A.
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.
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 estimated costs thereof, the method of furnishing such service and the method of obtaining gas supply shall be as follows in §§ 199-10 through 199-12.
A.
The Village of Farmingdale Municipal Gas Utility will obtain, by
purchase, lease or condemnation, access to or the use of the gas distribution
system within the boundaries of the Village currently owned by the
Long Island Lighting Corporation (LILCO) or successor corporation
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.[1]
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 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.
None of those costs of the acquisition, construction, development,
implementation or operation of the Village of Farmingdale Municipal
Gas Utility shall be included in or have any effect on the Village
general budget or the assessment of Village property taxes.
E.
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.
A.
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.
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.
The Village of Farmingdale Municipal Gas Utility will obtain
its supply of gas by contracting with a utility or supplier to provide
the supply.
A.
This article 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 the Village Law of
the State of New York.
B.
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.
This article 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
article, 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.
