N.Y. General Municipal Law § 126-a: Joint hospitals for cities, towns or villages

§ 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.