Chapter 3 - PUBLIC UTILITY SERVICE

Section 22-301

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

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

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

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

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.