Whereas the Incorporated Village of Lynbrook is a village duly
incorporated under the laws of the State of New York and whereas the
Trustees of the Village of Lynbrook are duly empowered pursuant to
§ 360 of the General Municipal Law of the State of New York
to form a Municipal Gas Utility for the village and 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 and 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 Lynbrook, its residents, businesses and
institutions is by the creation of the Village of Lynbrook Municipal
Gas Utility, the Trustees of the Village of Lynbrook 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.
The Village of Lynbrook 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 are necessary
for the creation of the Lynbrook Municipal Gas Utility. The proposed
method of constructing, leasing, purchasing or acquiring the facilities
necessary for the operation of the Lynbrook 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:
A. Plant and facilities.
(1) The Village of Lynbrook Municipal Gas Utility will obtain access
to or acquire the portion of the gas distribution system within the
village, if any, that it 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 and as may be needed to separate
itself from the Lilco system or to meter the gas supplied to or used
by the Village of Lynbrook Municipal Gas Utility.
(2) The maximum and estimated cost of the items set forth in Subsection
A(1) hereof is expected to be not more than $50,000.
(3) The cost of the necessary facilities, if any, and distribution and
any other costs that are necessary for the implementation of the Village
of Lynbrook Municipal Gas Utility and the entire costs of the implementation
and operation of the Village of Lynbrook Municipal Gas Utility will
be paid from the revenues generated by the Village of Lynbrook Municipal
Gas Utility only.
(4) None of the costs of the implementation or operation of the Village
of Lynbrook Municipal Gas Utility shall be included in or have any
affect on the village general budget or the assessment of village
property taxes.
B. Service and maintenance of plant, facilities and distribution system.
(1) The Village of Lynbrook Municipal Gas Utility will obtain service
and maintenance for the equipment and infrastructure of the Lynbrook
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. The Village of Lynbrook 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.
(2) 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 Lynbrook Municipal Gas Utility if the village deems it to be in
the best interests of the village to do so.
C. Gas supply. The Village of Lynbrook 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.