N.Y. General Municipal Law § 360: Powers granted to municipal corporations to establish, own and operate certain public utility services

§ 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.