New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XV - Local Government Services
Part 814 - Shared Municipal Services Incentive Awards
Section 814.2 - Definitions

Universal Citation: 19 NY Comp Codes Rules and Regs ยง 814.2

Current through Register Vol. 46, No. 12, March 20, 2024

As used in this Part, the following words and terms shall have the stated meaning:

(a) Consolidation means two or more adjoining towns in the same county consolidate as one town pursuant to article 5-B of the Town Law; two or more adjoining villages consolidate as one village pursuant to article 18 of the Village Law, or; for the purpose of applications submitted prior to April 1, 2007 two or more school districts consolidate as one district pursuant to article 31 of the Education Law. For the purpose of grant applications submitted after April 1, 2007, pursuant to State Finance Law section 54(10) as amended by chapter 56 of the Laws of 2007, consolidation shall also include consolidation of two or more special improvement districts or fire districts.

(b) Cooperative agreement means an agreement entered into by two or more municipalities pursuant to article 5-G of the General Municipal Law or other authorizing statutes for the performance among themselves or one for the other of their respective functions, powers and duties on a contract or cooperative basis.

(c) Dissolution means the dissolution of a town pursuant to article 5-A of the Town Law or the dissolution of a village pursuant to article 19 of the Village Law.

(d) Merger means the transfer of functions, powers or duties of a city, town or village within the same county, to each other or to the county, pursuant to the Alternate County Government Law, or; pursuant to any other legislative authority which may be enacted after the effective date hereof for such transfers of functions, powers or duties or for the merger of a county, city, town or village with any of such other units of local government.

(e) Municipality means a county, city, town, village and school district; for the purpose of grant applications submitted after April 1, 2007, pursuant to State Finance Law section 54(H) as amended by chapter 56 of the Laws of 2007, municipality shall also include special improvement districts and fire districts, and provided that for the purpose of such applications a school district shall be considered a municipality only in instances where a school district advances an application for a grant to cover costs associated with cooperative agreements or shared services, and further provided that for the purpose of such applications, a board of cooperative educational services shall be considered a municipality only in instances where such board of cooperative educational services advances a joint shared service application on behalf of school districts and other municipalities within the board of cooperative educational services region; provided, however, that any shared services agreements with a board of cooperative educational services:

(1) shall not generate additional state aid;

(2) shall be deemed not to be a part of the program, capital and administrative budgets of the board of cooperative educational services for the purposes of computing charges upon component school districts pursuant to subparagraph seven of paragraph b of subdivision four of section 1950 of the Education Law;

(3) shall be deemed to be a cooperative municipal service for purposes of subparagraph two of paragraph d of subdivision four of section 1950 of the Education Law.

(f) Secretary means the New York State Secretary of State.

(g) Shared services means the joint provision, performance or delivery of a service, facility, activity, project or undertaking by two or more municipalities which each may lawfully undertake separately.

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