[HISTORY: Adopted by the Board of Trustees of the Village
of West Hampton Dunes as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-27-1995 by L.L. No. 1-1995]
Pursuant to § 10 of the Municipal Home Rule Law, the
Incorporated Village of West Hampton Dunes, County of Suffolk, and
State of New York, hereby enacts as Local Law No. 1 of 1995, a local
law entitled "Formation of the Municipal Utility of the Village of
West Hampton Dunes."
This article shall become effective on the approval of Local
Law No. 1 of 1995 by referendum by proposition at a special election
of the Incorporated Village of West Hampton Dunes to be held for such
purpose on August 8, 1995.
The intended purpose of this article is to create a Municipal
Utility of the Village of West Hampton Dunes (the "Village"), pursuant
to § 360 of the General Municipal Law of the State of New
York.
A.
Name and corporate existence. There shall, upon the enactment of
this article, be formed a municipal utility pursuant to § 360
of the General Municipal Law. The utility shall be known as the "Village
Municipal Utility of the Village of West Hampton Dunes (Village Municipal
Utility)."
B.
Purpose and powers. The purpose of the Village Municipal Utility
shall be to provide electric power supply and service to the Village
and its residents. The powers and capabilities of the Village Municipal
Utility shall be all of those that are provided to a municipal utility
pursuant to New York State Law, and rules and regulations, including
but not limited to the Village Law, General Municipal Law, Transportations
Corporation Law, Eminent Domain Law, Public Service Law, and any other
law or regulation.
C.
Officers.
(1)
The Village Municipal Utility shall have such officers and employees
as may be provided by law, and that the Trustees shall establish or
from time to time deem proper or necessary, which officers and employees
shall be responsible for the proper conduct and operation of the Village
Municipal Utility and its affairs, for keeping proper books and records
of its operations, and for filing, obtaining and maintaining any and
all required licenses, permits, or approvals necessary for the operation
of the Village Municipal Utility.
(2)
The officers and employees of the Village Municipal Utility shall
at all times be subject to serve at the pleasure of the Trustees of
the Village, and shall be appointed and their salaries fixed annually
by the Trustees of the Village.
A.
Operation. The operation of the Village Municipal Utility shall be
at the discretion and direction of the Mayor and Trustees of the Village,
shall be pursuant to and as provided by New York State Law, and rules
and regulations, and as otherwise provided or promulgated.
B.
Facilities.
(1)
The Village Municipal Utility shall acquire its facilities, including
all transmission, supply and distribution equipment, and generation
equipment as may be necessary or desired, by either purchasing the
facilities from the existing utility corporation that services the
Village, or by negotiation and acquisition or by condemnation of the
facilities and equipment.
(2)
The Village Municipal Utility shall, in the event that such acquisition
by either of the methods stated shall be deemed inadvisable, shall
construct its own facilities in the Village.
C.
Supply. The Village will acquire its supply of electrical power by
contracting for such supply with a private or public utility corporation,
by such arrangement as the Trustees deem in the best interests of
the Village, which agreement shall be subject to any appropriate or
relevant areas of New York State law which may govern such arrangements
or their solicitation or selection. The supply of electrical power
is intended to be transmitted by a method known as "wheeling" from
the source of the power to the VMUC across the transmission lines
of other utilities as necessary.
D.
Service. The Village Municipal Utility shall provide for service
of the electrical supply and distribution system either by purchasing
service equipment and employing individuals for that purpose, or by
the contracting for service with contractors able to provide that
service to the Village and its residents. The cost of the service
shall be included in the cost of electricity to the Village and its
residents.
E.
Cost.
(1)
The expected cost of the acquisition of the facilities, whether by
negotiation and purchase or by condemnation, or by the construction
of the facilities by the Village and the Village Municipal Utility,
is expected to be not more than $400,000. This expected cost is expected
to include the equipment necessary in the administration and operation
of the Village Municipal Utility.
(2)
The method of financing the acquisition cost will be by the issuance
of bonds with a term of 30 years, pursuant to the provisions and relevant
sections of the New York State Local Finance Law.
