N.Y. Gen. Mun. Law § 126-A

Current through 2024 NY Law Chapter 457

Section 126-A - Joint hospitals for cities, towns or villages

Two cities in the same county or adjoining counties, or a city and one or more villages located within the same county or adjoining counties or two or more villages located within the same county or adjoining counties or two or more towns in the same county or adjoining counties or a city and one or more towns located within the same county or adjoining counties or one or more towns and one or more villages (including a village or villages within one or more of such towns) located within the same county or adjoining counties, subject to approval at a general county, town, city or village election in each of said counties, towns, cities or villages, by a majority of the voters qualified to vote and voting upon the proposition therefor, may jointly acquire real property by purchase, lease or condemnation for the purpose of this article and establish, construct, equip, maintain and operate for such municipalities jointly in accordance with the provisions of this article, a public general hospital for the care and treatment of the sick, and by appropriate resolution and subject to like approval by the voters as provided in this section, any two cities, towns or villages as above specified, may by appropriate action of the governing board, create a joint hospital for such cities, towns or villages as above specified of any existing hospital, established, constructed, equipped and operated by one of such cities, towns or villages and enlarge or add thereto.

The ordinance, local law or resolution providing for such joint action, either in the establishment of a new joint hospital or the creation of a joint hospital or addition thereto, of one already existing by one of such cities, towns, and villages, shall be adopted by the local governing board of a city, town or village of each municipality and the board of managers as specified in section one hundred twenty-seven hereof shall be composed of members appointed by the supervisor of the town, the mayor of the city, or the mayor of the village of each of said cities, towns or villages in proportion to the ratio of the assessed value of each of the cities, towns, or villages to the other; or in the event that any such city joins with an adjoining town or towns, village or villages, to effectuate the purposes of this section, and the proportion of cost, debt service and operating expenses to be borne by each such municipality is fixed by agreement in the aggregate in the ratio which the equalized assessed valuation of each such municipality bears to the total equalized assessed valuation of all municipalities joining in such project, or is fixed by agreement so that such city shall bear a greater proportion and the remaining participating municipalities a lesser proportion thereof respectively, then the apportionment of the number of members of the board of managers as specified in section one hundred twenty-seven hereof shall be determined by the ratios established by such agreement. The ordinance, local law or resolution may specify matters as to which the action of the board of trustees shall require the joint approval of such governing bodies or boards. The ordinance, local law or resolution also shall prescribe the proportions of the cost of such project to be borne by the municipalities respectively, based upon the ratio of the assessed value of each city, town or village to the whole. In a town, wholly or partly containing a village or villages joining with it for the purposes of this section, the proportion of the cost of such project to be borne by such town may, however, be based upon the ratio that the assessed valuation of such town outside such village or villages bears to the whole. The moneys to be paid shall be provided in the same manner as hereinbefore prescribed in this article. The ordinance, local law or resolution of the governing board may be amended from time to time with the concurrence of each of such governing board of each of said cities, towns or villages. A joint hospital established under this article, shall be within the county in which the city, town, or village, or one of them is located.

Whenever two or more cities, towns or villages shall establish a joint hospital as herein provided, all other provisions of this article respecting hospitals, if applicable, shall apply to such joint hospital.

Two or more cities, towns or villages as hereinabove specified, may under the provisions of this article by appropriate resolution of the respective boards of said city, town, or village, and subject to like approval by the voters as provided in this section, provide for the joint operation and management only of an already existing hospital in one of such cities, towns or villages.

In the event that a town and a village wholly contained within the territorial limits of such town are joined for the purposes of this section, the proportion of the cost and debt service of the project to be borne by the village and town may, by written agreement, be based upon the following ratios:

(a) The proportion which the village shall bear shall be based upon the ratio which the assessed valuation of that portion of the town lying within said village bears to the total assessed valuation of the town;

(b) The proportion which the town shall bear shall be based upon the ratio which the assessed valuation of that portion of the town lying outside such village bears to the total assessed valuation of the town. Such agreement shall be made upon authorization therefor by the governing boards of such town and village and shall be executed by the supervisor and mayor, respectively, in behalf of such town and village. Such agreed proportion of cost, and debt service therefor, to be borne by such village shall be raised by taxation upon the real estate located within the village. Such agreed proportion of cost, and debt service therefor, to be borne by such town shall be raised by taxation on real estate located in the town without the territorial limits of the village. The assessed valuations of property to be used in determining the above ratios shall be taken from the latest assessment-roll of the town prior to the time such agreement is entered into and as shown therein at the time of the completion and filing of such assessment-roll. The cost of operation of any such hospital for which the cost and debt service has been apportioned upon the above basis shall be apportioned annually prior to December thirty-first in each year for the next calendar year and in the same manner as the cost of the project as herein provided and for such purpose the latest preceding town assessment-roll shall be used, and the assessed valuations of property to be used shall be as shown therein at the time of the completion and filing thereof. In the event that any such town and village join with an adjoining town or towns to effectuate the purposes of this section, the proportion of cost, debt service and operating expense to be borne by such town and village may by written agreement be fixed in the aggregate in the ratio which the equalized assessed valuation of such town bears to the total equalized assessed valuation of all towns joining in such project. The proportion to be borne by the other town or towns shall likewise be determined upon the basis of equalized assessed valuations. Any such agreement shall be made upon authorization therefor by the governing boards of such village and towns and shall be executed by the mayor and supervisors of such towns.

In the event that any such city joins with an adjoining town or town, village or villages, to effectuate the purposes of this section, the proportion of cost, debt service and operating expense to be borne by each such municipality may, by agreement, be fixed in the aggregate in the ratio which the equalized assessed valuation of each such municipality bears to the total equalized assessed valuation of all municipalities joining in such project, or such written agreement may provide that such city shall bear a greater proportion thereof and the remaining municipalities a lesser proportion thereof respectively to be fixed in such agreement. Any such agreement shall be made upon authorization therefor by the governing boards of such municipalities and shall be executed by the mayors of the city and villages affected and by the supervisors of the town affected.

Equalized assessed valuations shall be determined from the last available equalization rates fixed and determined by the state tax commission and in effect at the date of such written agreement, or, in the case of the annual apportionment of operating expense, at the time of such apportionment.

N.Y. Gen. Mun. Law § 126-A