View Our Newest Version Here

2006 New York Code - Election Of Towns To Participate.



 
    §  1767.  Election  of  towns  to participate. 1. Each of the towns of
  Ellicottville, Great Valley, Little Valley,  Mansfield,  Red  House  and
  Salamanca,  or  any other town desiring to vote, may, by a majority vote
  of its qualified voters voting at the general election to be held on the
  fourth day of November, nineteen hundred fifty-eight, elect to become  a
  participating  municipality in the hospital district and a member of the
  authority. The proposition to participate  in  said  district  authority
  shall  be  voted  upon at said election in said named towns and in other
  towns where fifty qualified voters shall  have  signed  and  filed  with
  their  town  board a request that such proposition be voted upon in said
  town at said general election.
    2. Subject to the approval  of  a  majority  vote  of  the  individual
  members of the authority, the voters of any township not a member of the
  authority  and district shall have the right to vote on a proposition of
  affiliation with  and  participation  in  the  authority  and  district,
  provided  that  twenty-five  qualified  voters  of  the  township sign a
  petition addressed to  their  town  board  requesting  a  vote  in  said
  township on said proposition.
    3.  Within  ten days after receiving any said petition, the town board
  concerned shall  advise  the  authority  of  the  receipt  of  any  said
  petition.  Within  ten  days  after receipt of said notice from the town
  board, the authority shall advise the town  board  of  its  approval  or
  disapproval  of  the  request  for  affiliation.  In the event that such
  affiliation is approved, the town board within ten days after receipt of
  said notice of approval from the authority,  shall  adopt  a  resolution
  calling  a  special  election  in  said township on said proposition and
  fixing the date thereof which shall be within thirty days after the town
  board's receipt from the authority of the authority's approval  of  said
  special election.
    4. The result of any such special election shall be reported forthwith
  by  the  town  board to the Cattaraugus county board of elections and to
  the authority. The affiliation with and participation in  the  authority
  and  district  of  any  towns  voting  to join therein after the initial
  organization of the authority, shall take effect upon  revision  of  the
  agreement  entered  into  by the original authority members and upon the
  terms and at the time fixed in  said  revised  agreement.  No  town  may
  become  a  member  of  the authority after the date of first issuance of
  bonds by the authority.
    5. The authority and district may be  formed  at  any  time  during  a
  period of three years from the effective date of this act.
    6.  The  election  of  any  city  or  town  to become a member of said
  district and to participate in said authority may not  be  rescinded  at
  any later date.
    7.  Any  and  all  of  the  municipalities  may by resolution of their
  governing boards and the authority may by resolution join  together  and
  enter  into  an  agreement, which may be amended from time to time, with
  the other  municipalities  and  the  authority  providing,  as  a  joint
  undertaking,  hospital  service  to  and for such municipalities and the
  residents thereof and to that purpose join  together  in  the  erection,
  operation  and  maintenance,  as  a joint undertaking, of a hospital and
  hospital buildings and facilities and containing such provisions as  may
  be   necessary  or  convenient  for  the  carrying  out  of  such  joint
  undertaking, including provisions fixing and determining by  formula  or
  otherwise  the  amounts  to  be  paid by each such municipality for such
  hospital  service.  Any  and  all  of  such  municipalities  are  hereby
  authorized  to  contract  joint  or  several indebtedness, pledge its or
  their faith and credit for the payment of the indebtedness incurred  for
  such  joint  undertaking  and  levy real estate or other taxes or impose
  charges therefor. Such agreement may provide that  the  amount  of  such
  payments  to  be  borne by each municipality shall be based on the ratio
  which  the  equalized  assessed  valuation  of  real  property  in  each
  municipality  bears  to  the  total equalized assessed valuation of real
  property in all of the municipalities for the year in which the  initial
  organization meeting of the authority was held.
    8.  Each  of  the  municipalities  may  enter  into  an  agreement and
  amendments thereto with the authority to provide hospital,  medical  and
  surgical  care and treatment on behalf of the municipalities, fixing the
  terms  and  conditions  upon  which  the  same  shall  be  provided  and
  containing  provisions  relating  to any other matters pertaining to the
  operation of the hospital and the facilities  thereof  not  inconsistent
  with the provisions of this act.
    9.  Any  and  all  of  the  municipalities  may by resolution of their
  governing boards and the authority may, from time to time, by resolution
  join together and enter into such additional  agreement  or  agreements,
  which  may  be  amended, with the other municipalities and the authority
  providing, for, as a joint  undertaking,  the  erection,  operation  and
  maintenance,  of  an  additional  medical  building  and containing such
  provisions as may be necessary or convenient for  the  carrying  out  of
  such  joint  undertaking  for  providing medical service to and for such
  municipalities and the residents thereof,  including  provisions  fixing
  and  determining  by formula or otherwise the amounts to be paid by each
  such municipality for such medical  service.  Such  resolutions  of  the
  governing  boards  of the towns represented on the authority authorizing
  the entering  into  of  each  such  agreement  shall  be  subject  to  a
  permissive  referendum  or  such  resolutions  may  be  submitted  to  a
  referendum by such governing boards on their own motion, in  the  manner
  prescribed  by  article  seven  of the town law, as amended from time to
  time. Such resolution of the city of Salamanca authorizing the  entering
  into  of  each  such  agreement  shall  not be subject to a mandatory or
  permissive referendum unless the city of Salamanca has adopted  a  local
  law requiring bond resolutions authorizing that the issuance of bonds be
  subject  to  a mandatory or permissive referendum and in such event such
  resolution shall be subject to mandatory or permissive referendum in the
  same manner as such bond resolutions. Any and all of such municipalities
  are hereby authorized to contract joint or several indebtedness,  pledge
  its  or  their  faith  and  credit  for  the payment of the indebtedness
  incurred for such joint undertaking and levy real estate or other  taxes
  or  imposed  charges  therefor. Each such agreement may provide that the
  amount of such payments to be borne by each municipality shall be  based
  on  the ratio which the equalized assessed valuation of real property in
  each municipality bears to the total  equalized  assessed  valuation  of
  real  property  in  all of the municipalities for the year in which each
  such agreement or agreements were  executed  except  that  the  city  of
  Salamanca may bear a greater proportion and the remaining municipalities
  a lesser proportion if fixed in such agreement or agreements.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.