NY Gen Mun L § 119-O (2021)
2021 New York Laws GMU - General Municipal Article 5-G - Municipal Cooperation 119-O - Performance of Municipal Cooperative Activities; Alternative Powers; Alternative Assignment of Responsibilities.

§  119-o. Performance of municipal cooperative activities; alternative   powers; alternative assignment of responsibilities. 1.  In  addition  to   any other general or special powers vested in municipal corporations and   districts  for  the performance of their respective functions, powers or   duties on an individual, cooperative, joint or contract basis, municipal   corporations and districts shall have power to enter into, amend, cancel   and terminate agreements for the performance among themselves or one for   the other  of  their  respective  functions,  powers  and  duties  on  a   cooperative or contract basis or for the provision of a joint service or   a joint water, sewage or drainage project. Notwithstanding the foregoing   grant  of authority, the temporary investment of moneys by more than one   municipal corporation or district pursuant to  a  municipal  cooperation   agreement   which   meets  the  definition  of  "cooperative  investment   agreement" as set forth in article three-A of this chapter shall  be  in   compliance  with  all of the requirements of that article. Any agreement   entered into hereunder shall be approved by each participating municipal   corporation or district by a majority vote of the voting strength of its   governing body. Where the authority  of  any  municipal  corporation  or   district to perform by itself any function, power and duty or to provide   by itself any facility, service, activity, project or undertaking or the   financing  thereof is, by any other general or special law, subject to a   public hearing,  a  mandatory  or  permissive  referendum,  consents  of   governmental agencies, or other requirements applicable to the making of   contracts, then its right to participate in an agreement hereunder shall   be  similarly  conditioned.  Municipal  corporations and districts shall   also  have  the  power  to  enter  into,  amend,  cancel  and  terminate   agreements with a soil and water conservation district established under   the  soil and water conservation districts law for the performance among   themselves or one for the other of their  respective  functions,  powers   and  duties on a cooperative or contract basis or for the provision of a   joint service or a joint project; provided, however, that  the  exercise   of  any  powers  and  duties  under  this  article  by  a soil and water   conservation district  shall  be  subject  to  the  powers,  duties  and   limitations in section nine of the soil and water conservation districts   law.2. An agreement may contain provisions relating to:a.  A  method  or  formula  for equitably providing for and allocating   revenues and for equitably allocating  and  financing  the  capital  and   operating  costs,  including payments to reserve funds authorized by law   and payments of principal and interest on obligations.  Such  method  or   formula  shall  be  established  by  the  participating  corporations or   districts on a ratio of full valuations of  real  property,  or  on  the   basis  of the amount of services rendered or to be rendered, or benefits   received or conferred or to be received or conferred, or on the increase   in taxable  assessed  value  attributable  to  the  function,  facility,   service, activity or project which is the subject of an agreement, or on   any other equitable basis, including the levying of taxes or assessments   to  pay such costs on the entire area of the corporation or district, or   on a part thereof, which is benefited or which receives the service.b. The manner of employing, engaging,  compensating,  transferring  or   discharging  necessary personnel, subject, however, to the provisions of   the civil  service  law  where  applicable;  the  making  of  employer's   contributions   for   retirement,  social  security,  health  insurance,   workmen's compensation and  other  similar  benefits;  the  approval  of   attendances at conventions, conferences and schools for public officials   and  the  approval  and payment of travel and other expenses incurred in   the performance of official duties; the bonding of  designated  officers   and employees; the filing of oaths of office and resignations consistent    with  general  laws  applicable  thereto;  provisions  that for specific   purposes designated officers or employees of  the  joint  service  or  a   joint  water,  sewage  or  drainage  project  shall be deemed those of a   specified  participating  corporation  or  district; and provisions that   personnel assigned to a joint  service  or  a  joint  water,  sewage  or   drainage  project  shall possess the same powers, duties, immunities and   privileges they would ordinarily possess (1)  if  they  performed  their   duties only in the corporation or district by which they are employed or   (2)  if  they were employed by the corporation or district in which they   are required to perform their duties.c. Responsibility for the establishment, operation and maintenance  of   the  joint  service  or  joint water, sewage or drainage project and the   officers responsible for the immediate supervision and control  thereof;   the  fixing  and  collecting  of  charges,  rates,  rents or fees, where   appropriate, and the making and  promulgation  of  necessary  rules  and   regulations  and  their  enforcement  by  or  with the assistance of the   participating corporations and districts; the conduct  of  hearings  and   the  determination  of  issues  raised  thereat; the making of necessary   inspections; the keeping of records and the making of reports  including   those  required  by  article  three  of  the  general municipal law; and   limitations or restrictions on individual participating corporations and   districts from providing or undertaking similar or competing facilities,   services, activities, projects, or undertakings.d.  Purchasing  and  making  of  contracts  subject  to  general  laws   applicable to municipal corporations and school districts.e.  Acquisition,  ownership, custody, operation, maintenance, lease or   sale of real or personal property.f. Acceptance of gifts, grants or bequests.g. Making of claims for federal or state aid payable to the individual   or several participants on account of  the  joint  service  or  a  joint   water, sewage or drainage project.h.  Custody  by  the  fiscal  officer of one participant of any or all   moneys made available for expenditure for the joint service or  a  joint   water,  sewage  or  drainage  project  and  authorization to such fiscal   officer to make payments on audit of the auditing official  or  body  of   the  participating  corporation  or  district  of which he is the fiscal   officer.i. Manner of responding for any liabilities that might be incurred  in   the  operation of the joint service or a joint water, sewage or drainage   project and insuring against any such liability.j. Procedure for periodic review of the terms and  conditions  of  the   agreement,  including  those  relating  to  its  duration,  extension or   termination. The duration of  an  agreement  hereinafter  entered  into,   unless  otherwise  provided  by  law, may extend up to a maximum term of   five years.  With  respect  to  agreements,  the  performance  of  which   involves  the issuance by the participants of indebtedness, either joint   or several, the term of the agreement may extend up to a maximum  period   of  time  equal  to  the  period  of  probable usefulness established by   section 11.00 of the local finance law in connection with the object  or   purpose  for which the indebtedness was issued. Nothing herein contained   shall  prevent  or  prohibit  either  the  renewal  of  agreements  upon   conclusion  of  the  terms  established,  or  amendments, modifications,   clarifications, or cancellations of agreements prior  to  conclusion  of   the terms established.k.  Adjudication  of disputes or disagreements, the effects of failure   of participating corporations or districts to pay their  shares  of  the   costs  and  expenses  and  the  rights of the other participants in such   cases. l. Other matters as are reasonably necessary and proper to  effectuate   and  progress  the  joint  service  or a joint water, sewage or drainage   project.m.  A  municipality  may  contract with another municipality or with a   municipal  housing  authority   of   another   municipality,   for   the   construction,  maintenance,  operation or management of a public housing   project.3. Municipal corporations are authorized as provided herein to adopt a   mutual sharing plan in order to undertake or receive any  joint  service   on  behalf  of  or  by another municipal corporation which has adopted a   mutual sharing plan. Services provided pursuant to such  mutual  sharing   plan  shall  be  subject to the alternative assignment of responsibility   for certain expenses and liabilities relating to such joint  service  as   provided by this subdivision.a.  A  governing  body  may  adopt a mutual sharing plan by local law,   resolution or bylaw to confer the benefits  of  this  section  upon  the   employees  of  such  municipal corporation and to be held liable for the   costs incurred in the event of participation in  a  joint  service  with   another  municipal  corporation which has adopted a mutual sharing plan.   Such plan  shall  describe  the  officers  or  employees  authorized  to   undertake or authorize receipt of a joint service pursuant to the mutual   sharing  plan, any limitations upon joint services which may be rendered   or received pursuant to it, and how and when notice  of  joint  services   rendered  or  received pursuant to it shall be provided to the governing   body.b. Upon adoption of a mutual sharing plan, a municipal corporation may   undertake or receive a joint service with another municipal  corporation   which  has  adopted  a  mutual  sharing  plan. The municipal corporation   requesting the assistance of another municipal corporation pursuant to a   mutual sharing plan shall be liable and  responsible  to  the  assisting   municipal corporation for any loss of or damage to equipment employed in   provision  of  such  joint  service or use of supplies upon provision of   such joint service. Each  municipal  corporation  shall  be  liable  for   salaries  and other compensation due to their own employees for the time   the employees are undertaking the joint service  pursuant  to  a  mutual   sharing  plan,  however  the municipal corporation receiving the service   shall reimburse the  assisting  municipal  corporation  for  actual  and   necessary expenses upon written notice of such claim.c. The authority to adopt a mutual sharing plan and to undertake joint   services  pursuant  to  it  shall  be  in addition to any other power or   authority conferred on municipal corporations pursuant to  this  article   or any other general or special law. A joint service may not be rendered   pursuant  to  a  mutual  sharing  plan  where another agreement has been   entered into pursuant to this  section  for  such  service  between  the   assisting and receiving municipal corporations.4.  Any  school  district or board of cooperative educational services   may join a panel  established  pursuant  to  article  twelve-I  of  this   chapter,  and  may  further participate in any of the activities of such   panel,  with  any  participating  county,  town,  city,  village,   fire   district,  fire  protection  district,  or  special improvement district   participating in such panels. For cooperative agreements  which  involve   functions,  services,  or  provisions  permitted by this section, school   districts and  boards  of  cooperative  educational  services  shall  be   permitted  to  create  and  execute  such agreements, when a part of the   activity of such  panel,  without  opinion  or  approval  of  the  state   education department.