[HISTORY: Adopted by the Albany County Legislature 8-5-1985 by Res. No. 185-1985. Amendments noted where applicable.]
The Albany County Legislature hereby establishes a public utility service, to be known as the "Albany County Public Utility Service" (hereinafter "Service") pursuant to Article 14-A of the General Municipal Law of the State of New York. The County of Albany shall operate, manage and otherwise control in all respects that Service herein established.
The Service is empowered to construct, purchase, lease, own, acquire, use and/or operate any plant or facilities within or without its territorial limits for the purpose of furnishing to itself or for compensation to its inhabitants any services similar to that furnished by any public utility company specified in Article 4 of the Public Service Law of the State of New York. In furtherance of this purpose, the Service may purchase gas or electric energy from the state or from any state agency or other municipal corporation or from any private or public corporation.
The proposed method of the Service to construct, lease, purchase and acquire the plant and facilities for such service shall be as follows:
A. 
The County, on behalf of the Service, shall contract for or otherwise purchase or acquire hydroelectric and/or such other economical forms of adequate and reliable energy as may be available from the Power Authority of the State of New York, the State of New York and any state agency, any other municipal corporation and any private and public corporation.
B. 
The County, on behalf of the Service, shall use, lease or acquire the transmission, substation and distribution facilities necessary to furnish such power to the County and/or for compensation to the inhabitants of the County, and the County of Albany is hereby authorized to negotiate an agreement with the public utility companies now serving the residents of Albany County providing for the lease of the distribution facilities of such companies to the extent required by the state and federal law to enable the Service to deliver hydroelectric power purchased by the Service to customers at the preferential rates pursuant to the Niagara Redevelopment Act; and, therefore, the acquisition of such facilities by condemnation will not be required, notwithstanding provisions of law to which the County is empowered to condemn the facilities of a public utility company for the purposes of carrying out the provisions of this chapter. The power to acquire such facilities by condemnation shall not be exercised by the County on behalf of the Service unless specifically authorized by further resolution requiring public referendum.
The purchase of energy and the use, lease or acquisition of the transmission and distribution facilities by the Service will result in no net cost nor net profit to the County, and the cost and resultant rates for furnishing energy to the inhabitants of the County by the Service shall include all costs associated with the purchase and distribution of energy.
The method of furnishing the service of the public utility service of the County of Albany shall consist of:
A. 
Purchasing and/or acquiring low-cost hydroelectric power and/or such other economical forms of energy as shall be available from the Power Authority of the State of New York and/or other available sources as may be required to ensure power availability to all inhabitants of Albany County.
B. 
Delivering said power to the Service for distribution and sale to its customers in the County over the transmission facilities of such other entities as may be required to ensure power availability to all inhabitants of Albany County.
C. 
Installing requisite metering equipment to monitor the flow of energy.
D. 
Delivering said power, either directly by the Service or by others under contract, over the transmission substation and distribution facilities leased and/or contracted for, purchased and/or constructed as above described for compensation to inhabitants of the County. The County, on behalf of the Service, may contract with the local public utility companies to deliver said power and collect and remit to the County the charges thereof.
E. 
Constructing such facilities as necessary to accomplish the purpose of said Service as said purposes are set forth herein.
The rates, rentals and charges for such service and the procedure for their collection shall be fixed in the manner provided by Article 14-A of the General Municipal Law of the State of New York.