Section 22-301
§ 22-301 Authorization for public utility service. Pursuant to article
fourteen-A of the general municipal law, the city hereby establishes a
public utility service, as such term is defined in section three hundred
sixty of such article, which is authorized to establish, construct,
lease, purchase, own, acquire, use and/or operate facilities within or
without the territorial limits of the city, 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 the city may
purchase electrical and other forms of energy from the state, or from
any state agency, or other municipal corporation, or from any private or
public corporation, and may sell or distribute such power to itself and
to residential, commercial, industrial and other customers. The city
shall possess any and all powers granted to a public utility service
pursuant to article fourteen-A of the general municipal law and any
other applicable provision of law.
Section 22-302
§ 22-302 Acquisition of energy and facilities. The city shall contract
for or otherwise purchase or acquire hydroelectric or other forms of
energy as shall be available from the power authority of the state of
New York, the state, any state agency, any other municipal corporation,
or any private or public corporation, and shall arrange to use, lease or
acquire the transmission, substation and distribution facilities
necessary to furnish such power to the city and, for compensation, to
residential, commercial, industrial and other customers; provided,
however, that the city will not acquire or build any electric or gas
transmission or distribution facilities which are parallel to, or
duplicative of electric or gas transmission or distribution facilities
of any utility companies within the city, nor take any action to impair
any agreements, franchises, rights or obligations of any utility company
within the city including, to provide safe, adequate and efficient
service to conduct its business in the city and to protect its assets
unless so authorized by further local law and public referendum.
Section 22-303
§ 22-303 Distribution and sale of energy. The city shall arrange with
any utility companies for the distribution of energy through the use,
lease, or acquisition of transmission, substation and distribution
facilities within the service areas of such companies and for such
companies to act on behalf of the city for collection of charges for
such energy within such service areas, or for the sale of energy to such
companies for resale to customers within the service areas of such
companies.
Section 22-304
§ 22-304 Rates. The fixing of rates for furnishing hydroelectric and
other forms of energy to residential, commercial, industrial and other
customers shall include consideration of (1) the actual cost to the city
for the purchase, distribution and delivery of such energy to such
customers, (2) the actual expenses necessary for administration of the
public utility service, including expenses for research and development,
and (3) any other costs or charges allowed under law, including but not
limited to, losses of tax revenues resulting from the operation of the
public utility service. Such rates shall be computed to provide revenue
in an amount not less than that necessary to recover fully such costs
and expenses. Such rates shall be subject to approval of the city
council.
Section 22-305
§ 22-305 Municipal energy fund. Revenues received from the operation
of the public utility service shall be paid into a fund to be known as
the municipal energy fund. The revenues paid into such fund shall not be
revenues of the city, and payments from such fund shall be made without
appropriation and shall not be included in the expense budget of the
city. Nothing herein shall prohibit the city from appropriating expense
or capital funds in connection with the public utility service, nor
shall payments from the municipal energy fund to the general fund be
prohibited.