ยง 360. Powers granted to municipal corporations to establish, own and
operate certain public utility services. 1. "Public utility service" as
used in this article shall mean any service authorized to be furnished
by any public utility company pursuant to article four of the public
service law and shall include works, structures, poles, lines, wires,
conduits, mains, systems, waterpower and any and all other real and
personal property used or necessary for, connected with or appertaining
to the furnishing of such service. "Municipal corporations" as used in
this article shall mean a county, city, town or village.
2. Notwithstanding any general or special law, any municipal
corporation may construct, lease, purchase, own, acquire, use and/or
operate any public utility service within or without its territorial
limits, for the purpose of furnishing to itself or for compensation to
its inhabitants, any service similar to that furnished by any public
utility company specified in article four of the public service law.
For such purpose, any municipal corporation may purchase gas or
electrical energy from the state, or from any state agency, or other
municipal corporation, or from any private or public corporation.
3. The proposed method of constructing, leasing, purchasing,
acquiring, the plant and facilities for such service, together with both
the maximum and the estimated costs thereof, and the method of
furnishing such service shall be fixed by a local law in the case of a
city, or by a village ordinance or local law in the case of a village,
or by a resolution of the board of supervisors in the case of a county,
or by a resolution of the town board in the case of a town.
4. Authority to enact such a local law for a city is hereby conferred
upon the local legislative body of the city as defined in the municipal
home rule law. Authority to enact such an ordinance or a local law for a
village is hereby conferred upon the board of trustees of the village.
Authority to adopt such a resolution for a county is hereby conferred
upon the board of supervisors of the county. Authority to adopt such a
resolution for a town is hereby conferred upon the town board of the
town.
5. Any such action by the local legislative body of a city, before
taking effect, shall be submitted for the approval of the electors of
the city at the next general election or at a special election called
for such purpose, in the manner provided by, and in accordance with the
provisions of the municipal home rule law relative to the submission of
other local laws required thereby to be submitted in a mandatory
referendum and according to the procedure provided by the election law
for general or special elections. Any such action by the board of
supervisors of a county, before taking effect, shall be submitted for
the approval of the electors of the county at the next general election
in such county held not less than ninety days after the adoption
thereof; or at a special election called in the same manner as far as
practicable as provided in the election law with respect to special
elections called by the governor. Any such action by the board of
trustees of a village, before taking effect, shall be submitted for the
approval of the electors of the village at the next general election in
such village to be held not less than ninety days after the adoption
thereof; or at a special election called in the same manner as provided
in the village law for the submission of a proposition at a special
village election. Such submission shall be in the manner provided by,
and in accordance with the provisions of the village law for the
submission of any other question by referendum on petition, except that
the referendum on the proposition provided for in this section shall be
mandatory. Any such action by the town board of a town shall be
submitted for the approval of the electors of the town at the next
general election to be held not less than ninety days after the adoption
of such resolution; or at a special election called in the same manner
as provided in the town law for submission of a proposition at a special
town meeting or a special town election. Such submission shall be in the
manner provided by, and in accordance with the provisions of the town
law for the submission of any other question by referendum on petition,
except that the referendum on the proposition provided for in this
section shall be mandatory. Every such local law, village ordinance,
resolution of the board of supervisors or resolution of the town board,
as the case may be, and notice of the submission thereof, shall be
published in one or more newspapers published within the city, village,
county or town, as the case may be, to be designated by the legislative
body of the municipal corporation affected, once in each week for six
consecutive weeks immediately preceding such election; and if there be
no such newspaper in such city, village, county or town, then in one or
more newspapers published in an adjoining city, village, county or town,
most likely to come to the attention of the electors of the municipal
corporation affected.
6. Such municipal corporation may for such purpose acquire the public
utility service of any public utility company operating pursuant to
article four of the public service law or any other public utility
service within or without its territorial limits, by purchase, or by
condemnation in the manner provided by law for condemnation by such
municipal corporation of private property for a public use. Such
municipal corporation shall have the power to construct or acquire by
purchase or condemnation any transmission lines or pipes connecting it
with any source or sources of gas, either natural, artificial or mixed
or electric power or production and to share with other municipal
corporations the cost of such transmission lines or pipes.
7. The method of operation of and the rates, rentals and charges for
such service and the procedure for their collection shall be fixed by
the legislative body of the municipal corporation.