[HISTORY: Adopted by the Board of Trustees of the Village of Potsdam:
Art. I, 8-2-1996 by L.L. No. 5-1996. Amendments
noted where applicable.]
[Adopted 8-2-1996 by L.L. No. 5-1996]
Pursuant to Article 14-A of the General Municipal Law of the State of
New York, the Village of Potsdam does establish and shall own, acquire, lease
and/or operate a municipal electric utility service in accordance with the
following.
The plant and facilities for such service, to the extent prudent and
necessary, shall be acquired by condemnation in accordance with the laws,
rules and regulations of the State of New York from Niagara Mohawk Power Corporation
or shall be purchased or constructed or leased in accordance with the laws
of the State of New York.
The maximum cost of such plant and facilities to be acquired by condemnation
from Niagara Mohawk Power Corporation or to be purchased, leased or constructed
shall be $24,326,187. The estimated costs thereof are $6,982,779.
The method of furnishing service shall be through a contract or contracts
to be entered into in accordance with the laws of the State of New York and/or
the development, construction, operation and maintenance by the municipal
electric utility of any necessary generation, transmission, distribution and
incidental facilities and equipment.
The Village of Potsdam may be assisted in the development and establishment
of the municipal electric utility by the Wing Group or other persons or organizations
under agreement, which shall:
A.Â
Provide all legal, engineering and other professional
services necessary and prudent for the establishment of the municipal electric
utility; and
B.Â
Permit recovery of the costs incurred in connection with
the establishment of the municipal electric utility system and a return for
services and development costs; such recovery to be derived solely from savings
realized over time by the municipal electric utility's retail customers.
This article, being subject to mandatory referendum before taking effect,
shall be submitted for the approval of the electors of the Village of Potsdam
at the next general election in such village to be held not less than 90 days
after the adoption thereof or at a special election called in the same manner
as provided for by law, and such article shall duly take effect upon its approval
by a majority of the affirmative votes cast on such referendum.[1]
[1]
Editor's Note: These provisions passed at referendum 11-5-1996.
