A.
The purpose of this article is to obtain long-term energy and cost
savings by contracting for the provision of energy conservation improvements
and/or energy production equipment on or within buildings, facilities
or land owned by the City of Oneida. It is further the intent of this
article to encourage investment in such projects by empowering the
Common Council, when applicable, to enter into long-term lease agreements
of City-owned buildings, facilities or land to providers of energy
conservation or energy generation products and services. Such arrangements
will improve and protect the health, safety, security, and welfare
of the residents of the City of Oneida by promoting energy conservation
and independence, developing alternate sources of energy and fostering
business activity.
A.
Pursuant to § 9-102 of the New York State Energy Law, the
term "energy performance contract" means an agreement for the provision
of energy services, including but not limited to electricity, heating,
ventilation, cooling, steam or hot water, in which a person agrees
to install, maintain or manage energy systems or equipment to improve
the energy efficiency of, or produce energy in connection with, a
building or facility in exchange for a portion of the energy savings
or revenues.
B.
All energy performance contracts between the City and an energy performance
contractor or contractors shall be made in accordance with § 9-103
of the New York State Energy Law as it currently exists, and as may
be amended from time to time.
Notwithstanding any other provision of this Code or the Oneida
City Charter, in connection with any energy performance contract,
the Common Council may, by resolution and pursuant to § 9-103
of the New York State Energy Law, lease City-owned real property to
an energy performance contractor for the same length of time as the
term of such energy performance contract, and on such terms and conditions
as may be agreeable to the parties thereto and are not otherwise inconsistent
with law.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or unenforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
