N.Y. County Law § 280-x: Contracts with public authorities for county hurricane protection, flood and shoreline erosion control districts

§ 280-x. Contracts with public authorities for county hurricane

protection, flood and shoreline erosion control districts. 1.

Notwithstanding any other provision of this chapter, the governing body

may enter into a contract with a public authority which possesses

express reciprocal powers whereby the construction and development of

hurricane protection, flood and shoreline erosion control facilities, or

any part or parts thereof, may be accomplished by such public authority

on behalf of the county hurricane protection, flood and shoreline

erosion control district, with the expense thereof to be assessed as

provided in section two hundred eighty-u hereof. Such hurricane

protection, flood and shoreline erosion control 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 hurricane

protection, flood and shoreline erosion control authority to purchase

supplies or equipment or to construct hurricane protection, flood and

shoreline erosion control facilities, 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 governing

body 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 section two hundred eighty-l, two hundred eighty-o and two hundred

eighty-q shall, in such case, be inoperative, and the functions of the

administrative head or body as prescribed in sections two hundred

eighty-m and two hundred eighty-n shall be exercised by the governing

body.

b. The public authority shall make periodic reports to the governing

body, 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 governing body 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 governing

body.

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

governing body may determine, submit to such governing body 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 has available through state and federal aid and

assistance or other sources and the amount it recommends be raised by

assessment. The governing body may change the amount so recommended to

be raised by assessment, 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 governing body shall affirm and adopt

such statement as originally submitted or as changed.

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

and levied as provided in section two hundred eighty-u, provided,

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

governing body pursuant to section two hundred eighty-e 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 governing body shall annually cause to be

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

parcels of land in the hurricane protection, flood and shoreline erosion

control 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

eighty-v. Such assessment roll shall be filed in the office of the clerk

of the governing body and shall be open to public inspection at such

office during business hours. The governing body shall hold a public

hearing on such assessment roll in the manner and upon the notice

prescribed in section two hundred eighty-v. At the time and place

specified in the notice, the governing body 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 governing

body may prepare such new roll. No such amended, changed or new roll

shall be adopted unless the governing body shall hold a hearing thereon

in the manner and upon the notice prescribed for the original hearing.

It shall be the duty of the governing body to levy the sum apportioned

to and 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 in the same

manner and at the same time as taxes levied for general county purposes.

The county treasurer shall pay over all amounts so received to the

public authority.