Section 1767. Election of towns to participate  


Latest version.
  • 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.