[HISTORY: Adopted by the Board of Trustees of the Village
of Sloan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-14-1997 by L.L. No. 1-1998[1]]
[1]
Editor's Note: This local law passed at mandatory referendum
by receiving the affirmative vote of a majority of the qualified electors
at the election held on 1-20-1998.
A.
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.
B.
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.
A.
Whereas the Incorporated Village of Sloan is a village duly incorporated
under the laws of the State of New York;
B.
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;
C.
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
D.
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.
A.
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.
B.
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:
(1)
Plant and facilities.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(2)
Service and maintenance of plant, facilities and distribution system.
(a)
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.
(b)
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.
(3)
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.
A.
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.
B.
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.
