N.Y. Public Authorities Law § 1021-c: North Country power authority service area; extension of service area

§ 1021-c. North Country power authority service area; extension of

service area. 1. The service area of the North Country power authority

shall include all the territory located within so much of the county of

Franklin as constitutes the Towns of Bombay, Fort Covington, Moira and

Westville, and so much of the county of St. Lawrence as constitutes the

Towns of Brasher, Canton, Colton, DeKalb, Edwards, Fowler, Gouverneur,

Hermon, Lisbon, Louisville, Madrid, Norfolk, Pierrepont, Potsdam,

Russell, Stockholm, and Waddington and the Villages of Canton, Norwood,

and Potsdam or such portions thereof as shall be determined by the

directors, but the service area shall exclude the portions of said

municipalities in Franklin and St. Lawrence counties which are served as

of the effective date of this title by another existing non-profit

municipal electric utility. The service area of the North Country power

authority shall include such other territories, as shall be determined

by the directors, wholly within Franklin or St. Lawrence county, and

adjacent to one or more of the above-referenced municipalities, in which

rate payers rely on uninterrupted electric service from power facilities

of the authority located within said municipalities. A map of the

service area shall be filed in the offices of the county clerks of

Franklin and St. Lawrence counties.

2. The service area of the North Country power authority may be

extended at any time to include additional territory within Franklin or

St. Lawrence counties by the directors in accordance with the following

procedure, provided however, the procedure does not conflict with any

rule or regulation of the public service commission or any other law.

Whenever the directors determine that the territory included within the

service area should be extended, consistent with the provisions of this

title, the directors shall adopt a resolution proposing the additional

territory, wholly within Franklin or St. Lawrence county, to be

included, which may be all the territory within one or more named

municipalities or, by adequate description, a portion of any such

municipality or municipalities. The directors shall fix the dates, hours

and places for three public hearings before such directors upon the

question of such extension and cause notice thereof and of the

additional territory to be included within the service area to be

published in two newspapers of general circulation in the county not

less than twenty nor more than thirty days before such date. At least

one of such hearing shall be held within the bounds of the proposed

additional territory. At such time the directors shall hear all persons,

taxpayers or officials who may wish to be heard and shall finally

determine the additional territory, if any, to be included in such

extension. Such determination shall be made by resolution of the

directors adopted by a two-thirds vote of all directors then in office.

A map of the service area, as extended, shall thereupon be filed in the

offices of the county clerks of Franklin and St. Lawrence counties.