[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 9-2-1997
by L.L. No. 10-1997.[1] Amendments noted where applicable.]
[1]
Editor's Note: Said local law was submitted to a mandatory referendum
and received the affirmative vote of a majority of the qualified electors
at a special election held on 12-9-1997.
A.
Enactment; effective date.
(1)
Enactment. Pursuant to § 10 of the Home Rule
Law and § 360 of the General Municipal Law, the Incorporated Village
of Hempstead, County of Nassau and State of New York, hereby enacts this chapter
to create the Village of Hempstead Municipal Gas Utility.
(2)
Effective date. This chapter 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 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 chapter pursuant to § 360 of the General Municipal
Law.
B.
Intent.
(1)
Whereas the Incorporated Village of Hempstead is a Village
duly incorporated under the laws of the State of New York;
(2)
Whereas the Trustees of the Village of Hempstead are
duly empowered pursuant to § 360 of the Municipal Law of the State
of New York to form a Municipal Gas Utility for the Village;
(3)
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;
(4)
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 Hempstead, its residents, businesses and institutions, is by the creation
of the Village of Hempstead Municipal Gas Utility, the Trustees of the Village
of Hempstead hereby enact this chapter 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 Hempstead Municipal Gas Utility shall
acquire the necessary facilities and either establish necessary functions
for or procure contracts for the maintenance, service and billing of the gas
energy system and a supply of gas such as is necessary for the creation of
the Hempstead Municipal Gas Utility.
B.
The proposed method of constructing, leasing, purchasing
or acquiring the facilities necessary for the operation of the Hempstead 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 Hempstead Municipal Gas Utility will obtain
access to or acquire the portion of the gas distribution system within the
Village, if any, that is necessary for the Village to operate the Municipal
Gas Utility, by purchase, lease or condemnation from that which is currently
owned by the Long Island Lighting Corporation ("LILCO"), 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 to provide
gas supply, and segregate and operate the Municipal Gas Utility as may be
needed to separate itself from the LILCO system or to meter the gas supplied
to or used by the Village of Hempstead 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 that $100,000.
(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 Hempstead Municipal Gas Utility and the entire costs of the implementation
and operation of the Village of Hempstead Municipal Gas Utility will be paid
in the first instance from the revenues generated by the Village of Hempstead
Municipal Gas Utility only.
(d)
None of the costs of the implementation or operation
of the Village of Hempstead Municipal Gas Utility shall be included in or
have any affect on the Village general budget or the assessment of Village
property taxes.
(2)
Service and maintenance of plant, facilities and distribution
system.
(a)
Services.
[1]
The Village of Hempstead Municipal Gas Utility will obtain
service and maintenance for the equipment and infrastructure of the Hempstead
Municipal Gas Utility and the other remaining gas distribution and other equipment
that is within the Village from LILCO, 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.
[2]
The Village of Hempstead Municipal Gas Utility will obtain
billing and management services by obtaining contracts with suitable and acceptable
maintenance, 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 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 Hempstead
Municipal Gas Utility if the Village deems it to be in its best interests
of the Village to do so.
(3)
Gas supply. The Village of Hempstead 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 chapter shall be subject to approval by a mandatory
referendum of the residents of the Incorporated Village of Hempstead, to be
conducted at an election or special election, pursuant to and as set forth
in § 360 of the General Municipal Law of the State of New York,
the Election Law and the Village Law of the State of New York, at an election
or special election as may be required.
B.
The Village of Hempstead 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 this
chapter with the Secretary of State of New York.[1]
[1]
Editor's Note: This chapter was submitted to a mandatory referendum
and received the affirmative vote of a majority of the qualified electors
at a special election held on 12-9-1997.
