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This entry was published on 2014-09-22
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SECTION 126-A
Joint hospitals for cities, towns or villages
General Municipal (GMU) CHAPTER 24, ARTICLE 6
§ 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.