Legislation
SECTION 56
Town-village cooperation
Town (TWN) CHAPTER 62, ARTICLE 3-A, TITLE 7
§ 56. Town-village cooperation. 1. Where a suburban town and a village
or villages therein create one or more joint municipal survey committees
pursuant to article twelve-C of the general municipal law and where such
a committee makes a recommendation relating to the provision of an
existing or new function, service or facility in the town and in one or
more villages thereof:
a. If the recommendation is for the provision or extension of (1) a
town function, service or facility to one or more villages in the town
and for the spreading of the costs thereof against the affected area of
the town outside villages and against the affected area of such village
or villages or (2) a village function, service or facility to an area of
the town outside any village or to an area of any other village and for
the spreading of the costs thereof against the affected area or areas,
of the village or villages and against the affected area of the town,
and if such recommendation is acceptable to the town board and the
affected village board or boards, the town board and village board or
boards, respectively, may adopt such recommendation and, notwithstanding
any inconsistent provision of any general or special law, taxes,
assessments, or other charges necessary to pay the cost of such
function, service or facility shall be spread (1) by the town against
the affected area of the town outside villages and against the affected
area in such village or villages or (2) by the village or villages
against the affected area of such village or villages and by the town
against the affected area of the town outside any such village, as the
case may be.
b. If the recommendation is for the provision or extension of a
function, service or facility by the town in the area outside villages
or outside a specified village or villages, as the case may be, and for
the separate provision thereof by such village or villages, with the
respective costs to be spread by the town against the area outside
villages or outside the specified village or villages, as the case may
be, and separately by such village or villages against the area or areas
within the same, and if such recommendation is acceptable to the town
board and the affected village board or boards, the town board and the
affected village board or boards, respectively, may adopt such
recommendation and, notwithstanding any inconsistent provision of any
general or special law, the necessary taxes, assessments, or other
charges for such function, service or facility shall be borne and spread
on such basis.
c. If the recommendation is for the performance of a function, power
or duty among them or their districts, on a cooperative, joint or
contract basis pursuant to article five-G of the general municipal law,
or other similar law, and for allocating and financing the capital and
operating costs among them or their districts on a specified equitable
basis, and if such recommendation is acceptable to the town board and
the affected village board or boards, the town board and the affected
village board or boards, respectively, may adopt such recommendation
pursuant to such article and, notwithstanding any inconsistent provision
of general or special law, such function, power or duty shall be so
provided and the costs allocated and financed on such basis.
d. Where costs are to be spread against an area of a town or an area
of a village and such costs are financed pursuant to the local finance
law, such area shall be primarily liable therefor.
2. Members of the town board shall be eligible to serve on any joint
municipal survey committee in which the town participates.
or villages therein create one or more joint municipal survey committees
pursuant to article twelve-C of the general municipal law and where such
a committee makes a recommendation relating to the provision of an
existing or new function, service or facility in the town and in one or
more villages thereof:
a. If the recommendation is for the provision or extension of (1) a
town function, service or facility to one or more villages in the town
and for the spreading of the costs thereof against the affected area of
the town outside villages and against the affected area of such village
or villages or (2) a village function, service or facility to an area of
the town outside any village or to an area of any other village and for
the spreading of the costs thereof against the affected area or areas,
of the village or villages and against the affected area of the town,
and if such recommendation is acceptable to the town board and the
affected village board or boards, the town board and village board or
boards, respectively, may adopt such recommendation and, notwithstanding
any inconsistent provision of any general or special law, taxes,
assessments, or other charges necessary to pay the cost of such
function, service or facility shall be spread (1) by the town against
the affected area of the town outside villages and against the affected
area in such village or villages or (2) by the village or villages
against the affected area of such village or villages and by the town
against the affected area of the town outside any such village, as the
case may be.
b. If the recommendation is for the provision or extension of a
function, service or facility by the town in the area outside villages
or outside a specified village or villages, as the case may be, and for
the separate provision thereof by such village or villages, with the
respective costs to be spread by the town against the area outside
villages or outside the specified village or villages, as the case may
be, and separately by such village or villages against the area or areas
within the same, and if such recommendation is acceptable to the town
board and the affected village board or boards, the town board and the
affected village board or boards, respectively, may adopt such
recommendation and, notwithstanding any inconsistent provision of any
general or special law, the necessary taxes, assessments, or other
charges for such function, service or facility shall be borne and spread
on such basis.
c. If the recommendation is for the performance of a function, power
or duty among them or their districts, on a cooperative, joint or
contract basis pursuant to article five-G of the general municipal law,
or other similar law, and for allocating and financing the capital and
operating costs among them or their districts on a specified equitable
basis, and if such recommendation is acceptable to the town board and
the affected village board or boards, the town board and the affected
village board or boards, respectively, may adopt such recommendation
pursuant to such article and, notwithstanding any inconsistent provision
of general or special law, such function, power or duty shall be so
provided and the costs allocated and financed on such basis.
d. Where costs are to be spread against an area of a town or an area
of a village and such costs are financed pursuant to the local finance
law, such area shall be primarily liable therefor.
2. Members of the town board shall be eligible to serve on any joint
municipal survey committee in which the town participates.