[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."
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.