ARTICLE IGas Utility (§ 419-1 — § 419-4)
§ 419-1Creation of utility; when effective.
§ 419-3Acquisition of facilities, maintenance and service, supply.
§ 419-4Mandatory referendum; filing.
Enactment. Pursuant to § 10 of the Municipal Home Rule Law and § 360 of the General Municipal Law, the Incorporated Village of Sloan, County of Erie, State of New York, hereby enacts this article to create the Village of Sloan Municipal Gas Utility.
Effective date. The 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 or the period required by the Secretary of State after its approval by a simple majority of the voters by mandatory referendum at an election or special election to be held to approve this article, pursuant to § 360 of the General Municipal Law.
Whereas the Incorporated Village of Sloan is a village duly incorporated under the laws of the State of New York;
Whereas the Trustees of the Village of Sloan are duly empowered pursuant to § 360 of the General Municipal Law of the State of New York to form a municipal gas utility for the Village;
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 economical way for gas and gas supply to be provided to the Village of Sloan, its residents, businesses and institutions is by the creation of the Village of Sloan Municipal Gas Utility, the Trustees of the Village of Sloan 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.
The Village of Sloan Municipal Gas Utility shall acquire the necessary facilities and either establish necessary functions for or procure contracts for the maintenance, management, service and billing of the gas energy system and a supply of gas such as are necessary for the creation and operation of the Sloan Municipal Gas Utility.
The proposed method of constructing, leasing, purchasing or acquiring the facilities necessary for the operation of the Sloan Municipal Gas Utility, if any, 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:
Plant and facilities.
The Village of Sloan Municipal Gas Utility will obtain access to or acquire the portion of the gas distribution system within the Village, if any, that it is necessary for the Village to operate the Municipal Gas Utility by purchase, lease or condemnation from that which is currently owned by the National Fuel Corporation ("National") or such other utility that may be servicing the Village, or by obtaining other facilities as necessary. The Municipal Gas Utility will only acquire, construct or obtain that equipment and facilities, if any, which are necessary for the Municipal Gas Utility to provide gas supply to the users of gas energy in the Village, or other users as the Municipal Gas Utility may provide gas to, and segregate and operate the Municipal Gas Utility as may be needed to separate itself from the National system or to meter the gas supplied to or used by the Village of Sloan Municipal Gas Utility.
The maximum and estimated cost of the items set forth in Subsection B(1)(a) hereof, is expected to be not more than $25,000.
The cost of the necessary facilities, if any, and distribution and any other costs that are necessary for the implementation of the Village of Sloan Municipal Gas Utility, and the entire costs of the implementation and operation of the Village of Sloan Municipal Gas Utility, will be paid from the revenues generated by the Village of Sloan Municipal Gas Utility.
None of the costs of the implementation or operation of the Village of Sloan Municipal Gas Utility shall be included in or have any effect on the Village general budget or the assessment of Village property taxes.
Service and maintenance of plant, facilities and distribution system.
The Village of Sloan Municipal Gas Utility will obtain service and maintenance for the equipment and infrastructure of the Sloan Municipal Gas Utility, if any, and the other remaining gas distribution and other equipment that is within the Village from National or such other utility that is providing service in the Village, or the existing gas utility for the time that the utility is mandated to provide those services or it remains in the best interests of the Village to receive the maintenance from that source, and will otherwise contract out the service and maintenance to other suitable contractors as necessary or when in the best interests of the Village and the Municipal Gas Utility. The Village of Sloan Municipal Gas Utility will obtain billing and management services by obtaining contracts with suitable and acceptable maintenance, management, service and billing companies. The contracts will be supported wherever possible by a performance bond of an amount acceptable to the Village.
The Village will also consider and retain the ability and power to create its own maintenance, management and service and billing department, including the equipment, materials and supplies required for that department, in order to provide billing, service and maintenance to the Village of Sloan Municipal Gas Utility if the Village deems it to be in the best interests of the Village to do so.
Gas supply. The Village of Sloan Municipal Gas Utility will obtain its supply of gas by contracting with another utility or supplier to provide the supply of gas to the Municipal Gas Utility.
This article shall be subject to approval by a mandatory referendum of the residents of the Incorporated Village of Sloan, 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, at an election or special election as may be required.
The Village of Sloan 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.