§ 119-O — Performance of municipal cooperative activities; alternative powers; alternative assignment of responsibilities

New York § 119-O

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 5-G: Municipal Cooperation

Text

§ 119-o. Performance of municipal cooperative activities; alternative\npowers; alternative assignment of responsibilities. 1. In addition to\nany other general or special powers vested in municipal corporations and\ndistricts for the performance of their respective functions, powers or\nduties on an individual, cooperative, joint or contract basis, municipal\ncorporations and districts shall have power to enter into, amend, cancel\nand terminate agreements for the performance among themselves or one for\nthe other of their respective functions, powers and duties on a\ncooperative or contract basis or for the provision of a joint service or\na joint water, sewage or drainage project. Notwithstanding the foregoing\ngrant of authority, the temporary investment of moneys by more than one\nmunicipal corporation or district pursuant to a municipal cooperation\nagreement which meets the definition of "cooperative investment\nagreement" as set forth in article three-A of this chapter shall be in\ncompliance with all of the requirements of that article. Any agreement\nentered into hereunder shall be approved by each participating municipal\ncorporation or district by a majority vote of the voting strength of its\ngoverning body. Where the authority of any municipal corporation or\ndistrict to perform by itself any function, power and duty or to provide\nby itself any facility, service, activity, project or undertaking or the\nfinancing thereof is, by any other general or special law, subject to a\npublic hearing, a mandatory or permissive referendum, consents of\ngovernmental agencies, or other requirements applicable to the making of\ncontracts, then its right to participate in an agreement hereunder shall\nbe similarly conditioned. Municipal corporations and districts shall\nalso have the power to enter into, amend, cancel and terminate\nagreements with a soil and water conservation district established under\nthe soil and water conservation districts law for the performance among\nthemselves or one for the other of their respective functions, powers\nand duties on a cooperative or contract basis or for the provision of a\njoint service or a joint project; provided, however, that the exercise\nof any powers and duties under this article by a soil and water\nconservation district shall be subject to the powers, duties and\nlimitations in section nine of the soil and water conservation districts\nlaw.\n 2. An agreement may contain provisions relating to:\n a. A method or formula for equitably providing for and allocating\nrevenues and for equitably allocating and financing the capital and\noperating costs, including payments to reserve funds authorized by law\nand payments of principal and interest on obligations. Such method or\nformula shall be established by the participating corporations or\ndistricts on a ratio of full valuations of real property, or on the\nbasis of the amount of services rendered or to be rendered, or benefits\nreceived or conferred or to be received or conferred, or on the increase\nin taxable assessed value attributable to the function, facility,\nservice, activity or project which is the subject of an agreement, or on\nany other equitable basis, including the levying of taxes or assessments\nto pay such costs on the entire area of the corporation or district, or\non a part thereof, which is benefited or which receives the service.\n b. The manner of employing, engaging, compensating, transferring or\ndischarging necessary personnel, subject, however, to the provisions of\nthe civil service law where applicable; the making of employer's\ncontributions for retirement, social security, health insurance,\nworkers' compensation, volunteer firefighter and volunteer ambulance\nworker benefits, including participation in a public group self-insurer,\nand other similar benefits; the approval of attendances at conventions,\nconferences and schools for public officials and the approval and\npayment of travel and other expenses incurred in the performance of\nofficial duties; the bonding of designated officers and employees; the\nfiling of oaths of office and resignations consistent with general laws\napplicable thereto; provisions that for specific purposes designated\nofficers or employees of the joint service or a joint water, sewage or\ndrainage project shall be deemed those of a specified participating\ncorporation or district; and provisions that personnel assigned to a\njoint service or a joint water, sewage or drainage project shall possess\nthe same powers, duties, immunities and privileges they would ordinarily\npossess (1) if they performed their duties only in the corporation or\ndistrict by which they are employed or (2) if they were employed by the\ncorporation or district in which they are required to perform their\nduties.\n c. Responsibility for the establishment, operation and maintenance of\nthe joint service or joint water, sewage or drainage project and the\nofficers responsible for the immediate supervision and control thereof;\nthe fixing and collecting of charges, rates, rents or fees, where\nappropriate, and the making and promulgation of necessary rules and\nregulations and their enforcement by or with the assistance of the\nparticipating corporations and districts; the conduct of hearings and\nthe determination of issues raised thereat; the making of necessary\ninspections; the keeping of records and the making of reports including\nthose required by article three of the general municipal law; and\nlimitations or restrictions on individual participating corporations and\ndistricts from providing or undertaking similar or competing facilities,\nservices, activities, projects, or undertakings.\n d. Purchasing and making of contracts subject to general laws\napplicable to municipal corporations and school districts.\n e. Acquisition, ownership, custody, operation, maintenance, lease or\nsale of real or personal property.\n f. Acceptance of gifts, grants or bequests.\n g. Making of claims for federal or state aid payable to the individual\nor several participants on account of the joint service or a joint\nwater, sewage or drainage project.\n h. Custody by the fiscal officer of one participant of any or all\nmoneys made available for expenditure for the joint service or a joint\nwater, sewage or drainage project and authorization to such fiscal\nofficer to make payments on audit of the auditing official or body of\nthe participating corporation or district of which he is the fiscal\nofficer.\n i. Manner of responding for any liabilities that might be incurred in\nthe operation of the joint service or a joint water, sewage or drainage\nproject and insuring against any such liability.\n j. Procedure for periodic review of the terms and conditions of the\nagreement, including those relating to its duration, extension or\ntermination. The duration of an agreement hereinafter entered into,\nunless otherwise provided by law, may extend up to a maximum term of\nfive years. With respect to agreements, the performance of which\ninvolves the issuance by the participants of indebtedness, either joint\nor several, the term of the agreement may extend up to a maximum period\nof time equal to the period of probable usefulness established by\nsection 11.00 of the local finance law in connection with the object or\npurpose for which the indebtedness was issued. Nothing herein contained\nshall prevent or prohibit either the renewal of agreements upon\nconclusion of the terms established, or amendments, modifications,\nclarifications, or cancellations of agreements prior to conclusion of\nthe terms established.\n k. Adjudication of disputes or disagreements, the effects of failure\nof participating corporations or districts to pay their shares of the\ncosts and expenses and the rights of the other participants in such\ncases.\n l. Other matters as are reasonably necessary and proper to effectuate\nand progress the joint service or a joint water, sewage or drainage\nproject.\n m. A municipality may contract with another municipality or with a\nmunicipal housing authority of another municipality, for the\nconstruction, maintenance, operation or management of a public housing\nproject.\n 3. Municipal corporations are authorized as provided herein to adopt a\nmutual sharing plan in order to undertake or receive any joint service\non behalf of or by another municipal corporation which has adopted a\nmutual sharing plan. Services provided pursuant to such mutual sharing\nplan shall be subject to the alternative assignment of responsibility\nfor certain expenses and liabilities relating to such joint service as\nprovided by this subdivision.\n a. A governing body may adopt a mutual sharing plan by local law,\nresolution or bylaw to confer the benefits of this section upon the\nemployees of such municipal corporation and to be held liable for the\ncosts incurred in the event of participation in a joint service with\nanother municipal corporation which has adopted a mutual sharing plan.\nSuch plan shall describe the officers or employees authorized to\nundertake or authorize receipt of a joint service pursuant to the mutual\nsharing plan, any limitations upon joint services which may be rendered\nor received pursuant to it, and how and when notice of joint services\nrendered or received pursuant to it shall be provided to the governing\nbody.\n b. Upon adoption of a mutual sharing plan, a municipal corporation may\nundertake or receive a joint service with another municipal corporation\nwhich has adopted a mutual sharing plan. The municipal corporation\nrequesting the assistance of another municipal corporation pursuant to a\nmutual sharing plan shall be liable and responsible to the assisting\nmunicipal corporation for any loss of or damage to equipment employed in\nprovision of such joint service or use of supplies upon provision of\nsuch joint service. Each municipal corporation shall be liable for\nsalaries and other compensation due to their own employees for the time\nthe employees are undertaking the joint service pursuant to a mutual\nsharing plan, however the municipal corporation receiving the service\nshall reimburse the assisting municipal corporation for actual and\nnecessary expenses upon written notice of such claim.\n c. The authority to adopt a mutual sharing plan and to undertake joint\nservices pursuant to it shall be in addition to any other power or\nauthority conferred on municipal corporations pursuant to this article\nor any other general or special law. A joint service may not be rendered\npursuant to a mutual sharing plan where another agreement has been\nentered into pursuant to this section for such service between the\nassisting and receiving municipal corporations.\n 4. Any school district or board of cooperative educational services\nmay join a panel established pursuant to article twelve-I of this\nchapter, and may further participate in any of the activities of such\npanel, with any participating county, town, city, village, fire\ndistrict, fire protection district, or special improvement district\nparticipating in such panels. For cooperative agreements which involve\nfunctions, services, or provisions permitted by this section, school\ndistricts and boards of cooperative educational services shall be\npermitted to create and execute such agreements, when a part of the\nactivity of such panel, without opinion or approval of the state\neducation department.\n