2006 New York Code - 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.
    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.