2023 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,
  workers' compensation, volunteer  firefighter  and  volunteer  ambulance
  worker benefits, including participation in a public group self-insurer,
  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.