§ 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\noperate certain public utility services. 1. "Public utility service" as\nused in this article shall mean any service authorized to be furnished\nby any public utility company pursuant to article four of the public\nservice law and shall include works, structures, poles, lines, wires,\nconduits, mains, systems, waterpower and any and all other real and\npersonal property used or necessary for, connected with or appertaining\nto the furnishing of such service. "Municipal corporations" as used in\nthis article shall mean a county, city, town or village.\n 2. Notwithstanding any general or special law, any municipal\ncorporation may construct, lease, purchase, own, acquire, use and/or\noperate any public utility service within or without its territorial\nlimits, for the purpose of furnishing to itself or for compensation to\nits inhabitants, any service similar to that furnished by any public\nutility company specified in article four of the public service law.\nFor such purpose, any municipal corporation may purchase gas or\nelectrical energy from the state, or from any state agency, or other\nmunicipal corporation, or from any private or public corporation.\n 3. The proposed method of constructing, leasing, purchasing,\nacquiring, the plant and facilities for such service, together with both\nthe maximum and the estimated costs thereof, and the method of\nfurnishing such service shall be fixed by a local law in the case of a\ncity, or by a village ordinance or local law in the case of a village,\nor by a resolution of the board of supervisors in the case of a county,\nor by a resolution of the town board in the case of a town.\n 4. Authority to enact such a local law for a city is hereby conferred\nupon the local legislative body of the city as defined in the municipal\nhome rule law. Authority to enact such an ordinance or a local law for a\nvillage is hereby conferred upon the board of trustees of the village.\nAuthority to adopt such a resolution for a county is hereby conferred\nupon the board of supervisors of the county. Authority to adopt such a\nresolution for a town is hereby conferred upon the town board of the\ntown.\n 5. Any such action by the local legislative body of a city, before\ntaking effect, shall be submitted for the approval of the electors of\nthe city at the next general election or at a special election called\nfor such purpose, in the manner provided by, and in accordance with the\nprovisions of the municipal home rule law relative to the submission of\nother local laws required thereby to be submitted in a mandatory\nreferendum and according to the procedure provided by the election law\nfor general or special elections. Any such action by the board of\nsupervisors of a county, before taking effect, shall be submitted for\nthe approval of the electors of the county at the next general election\nin such county held not less than ninety days after the adoption\nthereof; or at a special election called in the same manner as far as\npracticable as provided in the election law with respect to special\nelections called by the governor. Any such action by the board of\ntrustees of a village, before taking effect, shall be submitted for the\napproval of the electors of the village at the next general election in\nsuch village to be held not less than ninety days after the adoption\nthereof; or at a special election called in the same manner as provided\nin the village law for the submission of a proposition at a special\nvillage election. Such submission shall be in the manner provided by,\nand in accordance with the provisions of the village law for the\nsubmission of any other question by referendum on petition, except that\nthe referendum on the proposition provided for in this section shall be\nmandatory. Any such action by the town board of a town shall be\nsubmitted for the approval of the electors of the town at the next\ngeneral election to be held not less than ninety days after the adoption\nof such resolution; or at a special election called in the same manner\nas provided in the town law for submission of a proposition at a special\ntown meeting or a special town election. Such submission shall be in the\nmanner provided by, and in accordance with the provisions of the town\nlaw for the submission of any other question by referendum on petition,\nexcept that the referendum on the proposition provided for in this\nsection shall be mandatory. Every such local law, village ordinance,\nresolution of the board of supervisors or resolution of the town board,\nas the case may be, and notice of the submission thereof, shall be\npublished in one or more newspapers published within the city, village,\ncounty or town, as the case may be, to be designated by the legislative\nbody of the municipal corporation affected, once in each week for six\nconsecutive weeks immediately preceding such election; and if there be\nno such newspaper in such city, village, county or town, then in one or\nmore newspapers published in an adjoining city, village, county or town,\nmost likely to come to the attention of the electors of the municipal\ncorporation affected.\n 6. Such municipal corporation may for such purpose acquire the public\nutility service of any public utility company operating pursuant to\narticle four of the public service law or any other public utility\nservice within or without its territorial limits, by purchase, or by\ncondemnation in the manner provided by law for condemnation by such\nmunicipal corporation of private property for a public use. Such\nmunicipal corporation shall have the power to construct or acquire by\npurchase or condemnation any transmission lines or pipes connecting it\nwith any source or sources of gas, either natural, artificial or mixed\nor electric power or production and to share with other municipal\ncorporations the cost of such transmission lines or pipes.\n 7. The method of operation of and the rates, rentals and charges for\nsuch service and the procedure for their collection shall be fixed by\nthe legislative body of the municipal corporation.\n