N.Y. County Law § 273: Contracts with public authorities for county water districts

§ 273. Contracts with public authorities for county water districts.

1. Notwithstanding any other provision of this chapter, the board of

supervisors may enter into a contract with a public authority which

possesses express reciprocal powers whereby the construction and

development of a water supply and distribution system, or any part or

parts thereof, may be accomplished by such public authority on behalf of

the county water district, with the expense thereof to be assessed as

provided in section two hundred seventy hereof. Such water authority

shall be deemed the agent of the county or counties which are a party or

parties to such contract. If such contract shall authorize the water

authority to purchase supplies or equipment or to construct public

works, such authority shall be subject to all provisions of law to which

a county would be subject in relation to advertising and awarding any

such contracts for supplies, equipment or public works.

2. a. Notwithstanding any other provision of this act, the board of

supervisors may enter into a contract with a public authority whereby

the public authority may assume the operation and management of the

district. Except as otherwise provided in this section, the provisions

of sections two hundred sixty-one, two hundred sixty-five and two

hundred sixty-six shall, in such case, be inoperative, and the functions

of the administrative head or body as prescribed in sections two hundred

sixty-two and two hundred sixty-three shall be exercised by the board of

supervisors.

b. The public authority shall make periodic reports to the board of

supervisors, showing in detail the operations of the district for the

preceding period, including a detailed report of its receipts and

disbursements, and such other facts as the board of supervisors may deem

important for its information, together with such recommendations as the

public authority may have as to improvements to the systems and such

other recommendations as may be proper for the consideration of the

board of supervisors.

c. The public authority shall also annually, at such time as the board

of supervisors may determine, submit to such board a statement of the

estimated expense of the operation and maintenance of the district and

the amount required for the payment of all debt service on obligations

of the county issued for the purposes of such district, for the ensuing

fiscal year. Such statement shall show the amount which the public

authority recommends be raised by water rates and the amount to be

raised by assessments. The board of supervisors may change the amounts

so recommended to be raised by water rates and assessments, provided,

however, that the total of such amounts shall not be reduced below the

estimated expense of the operation and maintenance of the district plus

the amount required for the payment of all debt service on obligations

of the county issued for the purposes of such district. The board of

supervisors shall affirm and adopt such statement as originally

submitted or as changed. All rate schedules proposed to be established

by the public authority and all amendments thereto or changes therein,

shall be submitted to the board of supervisors for its prior approval.

Rates shall be fixed in such amounts as to assure revenues therefrom, in

addition to amounts received from assessments, sufficient to defray all

costs of operation and maintenance and all debt service on obligations

of the county issued for the purposes of the county water district. The

public authority shall pay over to the county treasurer, or comparable

officer or body, at such times as necessary, sufficient moneys to meet

such obligations as they become due. Unpaid water charges shall be a

lien upon real property as provided in subdivision two of section two

hundred sixty-six of this chapter and shall be enforced as provided in

subdivision three of such section, except that the list of delinquent

users shall be prepared and transmitted by the public authority and the

amounts received on such accounts by the county treasurer, or comparable

officer or body, shall be paid over to the public authority.

d. The amount determined to be raised by assessment shall be assessed

and levied as provided in section two hundred seventy, provided,

however, that if the notice of public hearing to be held by the board of

supervisors pursuant to section two hundred fifty-four shall contain a

statement that the cost of the improvement will be assessed in

proportion as nearly as may be to the benefit which each lot or parcel

of land will derive therefrom, such amount shall be assessed and levied

as hereinafter provided. The board of supervisors shall annually cause

to be assessed the amount determined to be raised by assessment on the

lots or parcels of land in the district in proportion as nearly as may

be to the benefit which each lot or parcel will derive therefrom and

shall cause an assessment roll to be prepared in the manner provided in

section two hundred seventy-one. Such assessment roll shall be filed in

the office of the clerk of the board of supervisors and shall be open to

public inspection at such office during business hours. The board of

supervisors shall hold a public hearing on such assessment roll in the

manner and upon the notice prescribed in section two hundred

seventy-one. At the time and place specified in the notice, the board of

supervisors shall meet and hear and consider any objections to the

assessment roll and may change or amend the same as it deems necessary

or just so to do and may affirm and adopt the same as originally

proposed or as amended or changed, or they may annul the same and cause

another roll to be prepared or the board of supervisors may prepare such

new roll. No such amended, changed, or new roll shall be adopted unless

the board of supervisors shall hold a hearing thereon in the manner and

upon the notice prescribed for the original hearing. It shall be the

duty of the board of supervisors to levy the sum apportioned to be

assessed upon each such lot or parcel of land at the time and in the

manner provided by law for the levy of state, county or town taxes.

Amounts assessed and levied pursuant to this paragraph shall be

collected by the local tax collectors or receivers of taxes and

assessments and shall be paid over to the county treasurer, or

comparable officer or body, in the same manner and at the same time as

taxes levied for general county purposes. The county treasurer, or

comparable officer or body, shall pay over all amounts so received to

the public authority.