N.Y.
County Law Section 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 § 266 (Water rates, water quality treatment, sewage, wastewater disposal and refuse collection charges and revenues)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.
Source:
Section 273 — Contracts with public authorities for county water districts, https://www.nysenate.gov/legislation/laws/CNT/273 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
