§ 361. Service beyond territorial limits. 1. Whenever a surplus of such public utility service exists over the amount thereof required by the municipal corporation and the residents thereof, such municipality may sell such surplus outside the municipal corporation to persons, public or private corporations or other municipal corporations. Any such municipal corporation, by agreement with any other municipal corporation which is authorized to exercise the powers specified in the preceding section, may extend such service to such other municipal corporation under such terms and conditions as may be agreed upon between them provided that if at the time of such extension, a public utility service is actually being furnished in such other municipal corporation, such extension shall not be effected without the approval of the public service commission.

Terms Used In N.Y. General Municipal Law 361

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Municipal corporations: as used in this article shall mean a county, city, town or village. See N.Y. General Municipal Law 360
  • Public utility service: as used in this Article 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. See N.Y. General Municipal Law 360

2. Agreements may also be made between two or more municipal corporations, authorized as provided in this article to exercise the powers specified in the preceding section, for the joint ownership, leasing, construction, acquisition, use or operation of a public utility service, within the combined territorial limits of such contracting parties. The method of operation of and the rates, rentals and charges for such service and the procedure for their collection shall be fixed by such agreements.