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Village of Wolcott, NY
Wayne County
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[HISTORY: Adopted by the Board of Trustees of the Village of Wolcott 3-8-1983 by L.L. No. 3-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Tax on utility services — See Ch. 133, Art. I.
Pursuant to the General Municipal Law and other laws applicable thereto, the Village is hereby authorized to establish, construct, lease, purchase, own, acquire, use and/or operate a public electric utility service within and/or without its territorial limits for the purpose of furnishing to itself or for compensation to its inhabitants any electrical service similar to that furnished by any public utility company specified in Article 4 of the Public Service Law and it is further authorized to purchase electrical energy from the state or from any state agency or other municipal corporation or from any private or public corporation.
A Village Public Utility Service Agency (Agency) shall be established, and the proposed method of construction, leasing, purchasing and acquiring the plant and facilities for such electric service is as follows:
A. 
Once established, the Agency shall contract for or otherwise purchase and/or acquire low-cost hydroelectric power and/or such other economical forms of adequate and reliable electricity as shall be available for the Village.
B. 
Such agency shall negotiate with Rochester Gas and Electric corporation for the use, by lease and/or contract, of the appropriate distribution, substation and transmission facilities necessary to transmit such quantities of power as may be acquired by the Agency, to the Village and/or for compensation to inhabitants thereof in the Village.
C. 
The Agency shall determine what, if any, additional facilities and incidental improvements would have to be constructed and/or purchased in connection with the use, by lease and/or contract, of the foregoing facilities and shall project the estimated cost of such construction and/or purchase.
D. 
At such time as the Agency may, as a result of the aforesaid, determine that the purchase of certain facilities from such company or companies and/or the construction of certain new facilities would be desirable and in the interest of the Village, the Agency shall apply to this Board for the authority to construct and/or purchase such facilities.
In the event that the Agency, in the course of its activities pursuant to this chapter, determines that an amendment and/or modification of this chapter would be in the best interests of the Village and would better enable the Village to provide economical, reliable, adequate electric power, the Agency may apply to this Board for such amendment and/or modification.
With respect to any property the Agency may acquire within the Village from any private utility company, the Agency shall make payments in lieu of taxes to the appropriate municipalities and/or districts in any amount equal to the amount that would have been paid in real estate and/or franchise taxes had such private utility company continued to own such property. Notwithstanding the provisions of § 17-3 above, the requirement of this section shall not be subject to amendment, modification or deletion.
It is estimated that the use, lease or acquisition of the transmission, substation and distribution facilities by the Agency will result in no net cost to the Village. The rate for furnishing hydroelectric and other forms of electric power to customers of the Agency shall include consideration of all costs to this Village, including those for the purchase, transmission and distribution, and, therefore, the estimated annual outlay of power purchased for and delivered in the area served by the Rochester Gas and Electric Corporation, in the amount of $18,487.83, will be recovered in full.
The method of furnishing such electric service, once such system is established as aforesaid, consists of:
A. 
Purchasing and/or acquiring low-cost hydroelectric power and/or such other economical forms of adequate and reliable electricity as shall be available from the Power Authority of the State of New York and/or other available sources as may be required to ensure power availability to all the Agency's customers.
B. 
Delivering said power to the Agency for distribution to its electric customers in the Village at transmission or distribution voltages over the transmission facilities of the Power Authority of the State of New York and the transmission substation and distribution facilities of such other entities as may be required to ensure power availability to all of the Agency's customers.
C. 
Installing metering equipment to monitor flow of electricity energy to and through the Village's electric system.
D. 
Delivering said power, either directly by the Agency or by others under contract to the Agency, over the transmission, substation and distribution facilities leased and/or contracted for, purchased and/or constructed as above described to the Village and for compensation to inhabitants thereof in the Village.
E. 
Constructing such facilities necessary to accomplish the purposes of said Agency as said purposes are set forth in this section.
The method of operation of and the rates, rentals and charges for such service shall be fixed in the manner provided by the Board of Trustees of the Village.
The proposed method of constructing, leasing, purchasing and acquiring the plant and facilities for electric service and the method of furnishing such service described in this chapter neither contemplate the exercise of any power of condemnation nor the establishment by the Agency and/or Village of generation, distribution and/or transmission facilities separate from the Rochester Gas and Electric Corporation, generation, distribution and transmission system in its service area of the Village. Since any such exercise and/or establishment would constitute a material change in the aforesaid proposals and would vitiate the entire project embodied herein, no such exercise and/or establishment may be resorted to in furtherance of said proposals without, as a condition precedent, securing the approval of the electors of the Village in a referendum subsequent to the referendum referred to in the section hereof immediately following this section. Notwithstanding the provisions of § 17-3 above, the foregoing referendum requirement contained in this section shall not be subject to amendment, modification or deletion.
In accordance with the provisions of the General Municipal Law, this chapter shall not become effective until submitted at the general or special election to be called in the manner provided for in § 360 of the General Municipal Law, and approved by a majority of the votes cast on the question of the approval or disapproval of this chapter,[1] and, if so approved, until the filing thereafter with the Secretary of State, as provided by law.
[1]
Editor's Note: This chapter received the affirmative vote of a majority of the qualified electors voting thereon at a special election held 5-10-1983.