N.Y. Comp. Codes R. & Regs. tit. 19, Appendices, app 7

Current through Register Vol. 46, No. 43, October 23, 2024

Appendix 7

FORM NO. 1

SUGGESTED FORM OF RESOLUTION FOR CREATION OF

A JOINT MUNICIPAL SURVEY COMMITTEE

WHEREAS the Constitution and statutes of the State of New York authorize and encourage counties, cities, towns, villages, school districts, and fire districts to cooperate for purposes of pursuing common objectives and solving mutual problems; and

WHEREAS (insert here the names of each participating municipality) share a community of interest in the health, safety, and welfare of the people residing in the area which they comprise; and

WHEREAS the said municipalities are desirous of promoting the efficient and economical provision of local government services and facilities within their respective jurisdictions; and

WHEREAS Articles 12-C and 5-J of the General Municipal Law of the State of New York authorize cooperation among municipalities and comprehensive studies and reports to aid in the cooperative solution of local government problems.

NOW, THEREFORE, BE IT RESOLVED that (insert here the names of each participating municipality) do hereby agree to create a committee to be known as the Joint Municipal Survey Committee (or other appropriate committee designation); and be it further

RESOLVED that the membership of said committee shall comprise (insert number) members to be appointed (insert here the manner of appointment and the number of members to be appointed by each participating municipality); and be it further

RESOLVED that the members of said committee shall serve without compensation, that their terms shall be concurrent with the duration of this agreement, and that any vacancies in the membership of said committee, arising from any cause, shall be filled in the manner of original appointment; and be it further

RESOLVED that the said committee shall be authorized and empowered

(1) To act as "local agency" and to make a comprehensive study and report, pursuant to General Municipal Law, Art. 5-J, encompassing the cooperative provision of (insert here description of the joint municipal service or facility which is the subject of such study and report); and

(2) To apply to and contract with the Commissioner for Local Government of the State of New York for state aid pursuant to said article; and

(3) To select the person or firm to perform necessary consultant services for a compregensive study and report and enter into contracts for such services, provided, however, that the Commissioner shall also be a party to any such contract; and

(4) To expend money received from the state pursuant to said article only for the purposes consistent therewith; and

(5) To perform other duties necessarily and properly related to the foregoing; and be it further

RESOLVED that the committee shall organize, upon the appointment of all of its members, elect a chairman, secretary, and fiscal officer from its own membership, shall meet at its discretion at such times and places as the members shall agree to and shall report to the respective governing boards of the participating municipal governments in a manner consistent with the objectives and purposes stated herein; and be it further

RESOLVED that by action of (insert here an appropriate reference to the governing bodies of the participating municipalities, for example: the Town Board of the Town of ________________, and the Board of Trustees of the Village of ________, etc.), the facilities and personnel of the participating municipalities may be made available to said committee on reasonable conditions and within proper limits to assist necessary surveys and studies without payment or compensation or further obligation on the part of said committee; and be it further

RESOLVED that the costs and expenses incurred by such committee, exclusive of any state aid available therefor, shall be apportioned the participating municipalities on the following percentage basis:

________ ________%

________ ________%

________ ________%

________ ________%

________ ________%

and be it further

RESOLVED that upon the organization of this committee and the appointment and bonding of a fiscal officer, the (give official title) of the (name of participating municipality) is hereby authorized, empowered and directed to audit and to pay all vouchers submitted by said fiscal officer for the proportionate share of the costs and expenses of said committee; and be it further

RESOLVED that this agreement shall extend until ________, 19 ________ and shall be subject to such renewals, modifications or extensions, upon which the governing boards of the respective participants shall, by resolution, mutually agree. This resolution shall take effect, and the participating municipalities shall proceed with the appointment of members of the joint municipal survey committee herein proposed, upon due and valid adoption of this resolution by all named participants.

OLG 5-J-2 (10/1/69)

FORM NO. 2

SUGGESTED FORM OF RESOLUTION FOR EXECUTION OF

CONTRACT AND AUTHORITY OF FISCAL OFFICER

WHEREAS General Municipal Law, Article 5-J, of the State of New York makes possible grants to finance, in part, the costs, of a comprehensive study and report for the development of projects to provide for intermunicipal cooperation, and

WHEREAS such a study has been proposed and a contract for such study has been proposed between the State, this committee, and

________, Consultant(s),

NOW THEREFORE, BE IT RESOLVED that ________, chairman of this committee is hereby authorized and empowered to execute such contract for and in behalf of this committee; and be it further

RESOLVED that ________ fiscal officer of this committee shall act for and in bahalf of this committee to receive payments from the State and the participating municipalities and to make payments required by such contract to the consultant(s) for the work required by this program.

OLG 5-J-3 (10/1/69)

FORM NO. 3

SUGGESTED FORM OF RESOLUTION FOR

ACCEPTANCE OF COMPREHENSIVE STUDY REPORT

WHEREAS General Municipal Law, Article 5-J, of the State of New York makes possible grants to finance, in part, the costs of a Comprehensive Study and Report, and

WHEREAS the ________Joint Municipal Survey Committee has received the Comprehensive Study and Report for intermunicipal cooperation prepared by ________ and dated ________ pursuant to a contract entered into with this Committee, the State of New York and the Consultants; and

WHEREAS the ________Joint Municipal Survey Committee has duly inspected and studied the said Study and Report and finds it fulfills all requirements contained in said contract, therefore be it

RESOLVED that the ________Joint Municipal Survey Committee hereby accepts the Comprehensive Study and Report, prepared and submitted pursuant to such contract by ________, and be it further

RESOLVED that ________, fiscal officer of this Committee, is hereby authorized, empowered and directed to audit and to pay the final voucher submitted by the Consultant, together with any amount retained from all previous vouchers submitted.

OLG 5-J-4 (10/1/69)

N.Y. Comp. Codes R. & Regs. tit. 19, Appendices, app 7