N.Y. General Municipal Law § 463: Manner of authorizing interlocal agreements

§ 463. Manner of authorizing interlocal agreements. An interlocal

agreement must be authorized and approved by the governing body of the

contracting public agency of this state, subject to the following

requirements:

1. If the same or substantially similar services, facilities,

personnel, equipment, other property or resources may be received,

obtained, provided or furnished, or the same or substantially similar

functions or activities engaged in or performed under the laws of this

state by a joint agreement or undertaking between or among public

agencies within this state, and if the statutes applicable to such joint

agreement or undertaking require the holding of a public hearing or make

it subject to a referendum, the governing board of the contracting

public agency of this state shall, before it approves the interlocal

agreement, hold a public hearing or provide the same type of referendum

in substantially the same manner and on substantially the same notice

provided in such statutes.

2. If the contracting public agency of this state has the authority to

receive, obtain, provide or furnish the same or substantially similar

services, facilities, personnel, equipment, other property or resources,

or to engage in or perform the same or substantially similar functions

or activities without an interlocal agreement only after a public

hearing or subject to a referendum, and if the provisions of subdivision

one of this section shall not apply, the governing board of the

contracting public agency of this state shall, before it approves the

interlocal agreement, hold a public hearing or provide the same type of

referendum in the same manner and on the same notice as though such

public agency were receiving, obtaining, providing or furnishing such

services, facilities, personnel, equipment, other property or resources,

or engaging in or performing such functions or activities without an

interlocal agreement.

3. An interlocal agreement not covered by subdivision one or

subdivision two of this section shall be approved only after the

governing board of the contracting public agency of this state has held

a public hearing on the interlocal agreement. Notice of such public

hearing shall be published at least twice in a newspaper having general

circulation in the territory of such contracting public agency not less

than ten days nor more than twenty days before the day designated

therein for the hearing. Such notice shall contain a brief description

in general terms of the interlocal agreement and specify the place where

and time when the governing board will meet to consider such interlocal

agreement and to hear all interested persons.