Municipal Cooperative Agreements

• Author: Raymond S. DiRaddo
• Pages: 909-938

Chapter 28

Municipal Cooperative

Agreements

New York Fire District Officers’ Guide

§28:10 28-2

§28:10 INTRODUCTION

Fire districts, along with other municipal corporations (General Municipal Law §119-n), may, in order to

carry out their powers and duties (Town Law §176) have the power to enter into agreements with other fire

districts or other governmental entities for the performance among themselves or one for the other, in order

to carry out a fire district’s functions, powers and duties. General Municipal Law §119-o. In other words, fire

districts have the power to enter into agreements among themselves to do jointly those things they are empowered

to do by themselves. 24 Opinion of State Comptroller, 873, 1968.

In order to make such an agreement with another fire district, each participating fire district must possess

the power to perform the service by itself. 19 Opinion of State Comptroller, 237, 1963. For example, since

individual municipalities do not have authority to set up a reserve fund for the payment of health care benefits,

two or more municipalities may not establish a joint reserve fund for that purpose under this article. Opinion of

State Comptroller, 78-405.

§28:20 PRIOR INFORMAL AGREEMENTS

Fire districts have been cooperating among themselves for years. Many districts have no formal agreements.

If two fire districts have an informal agreement, whereby they performed various services or various purchases

for one another, it is recommended that the fire districts involved should execute a formal written agreement for

the joint purchases or the performance of services for one another. Opinion of State Comptroller, 78-656.

§28:30 RESOLUTION REQUIRED BY THE BOARD OF FIRE COMMISSIONERS

Whenever possible, before participating in a municipal cooperation agreement, the board should authorize

participation, and such authorization should be by a majority vote of each board. Opinion of State Comptroller,

79-800. Moreover, the board of fire commissioners can ratify an informal contract between the fire districts after

the fact. Opinion of State Comptroller, 79-800.

§28:40 COMPLIANCE WITH OTHER LAWS

Before a fire district can act or exercise its power, it is sometimes required that the board of fire commissioners

have a public hearing, a permissive or mandatory referendum. Town Law §176.

If a public hearing, permissive or mandatory referendum is required before a fire district can perform an

act, participation in a cooperative agreement does not eliminate those requirements. General Municipal Law

§119-o. Accordingly, the public hearing, permissive, or mandatory referendum must be accomplished before the

cooperative agreement is to be effective.

§28:50 THE COOPERATIVE AGREEMENT

The following are some of the provisions that may be contained in cooperative agreement between fire

districts.

§28:50.1EQUITABLE ALLOCATION OF COSTS OR REVENUE

The cooperative agreement may contain:

1. A method or formula for equitable allocation of revenues, and for equitable allocating and financing of the

capital and operating costs, including payments to reserve funds and payments of principal and interest on

obligations. General Municipal Law §119-o 2a.