§ 273 — Contracts with public authorities for county water districts

§ 273. Contracts with public authorities for county water districts.\n1. Notwithstanding any other provision of this chapter, the board of\nsupervisors may enter into a contract with a public authority which\npossesses express reciprocal powers whereby the construction and\ndevelopment of a water supply and distribution system, or any part or\nparts thereof, may be accomplished by such public authority on behalf of\nthe county water district, with the expense thereof to be assessed as\nprovided in section two hundred seventy hereof. Such water authority\nshall be deemed the agent of the county or counties which are a party or\nparties to such contract. If such contract shall authorize the water\nauthority to purchase supplies or equipment or to construct public\nworks, such authority shall be subject to all provisions of law to which\na county would be subject in relation to advertising and awarding any\nsuch contracts for supplies, equipment or public works.\n 2. a. Notwithstanding any other provision of this act, the board of\nsupervisors may enter into a contract with a public authority whereby\nthe public authority may assume the operation and management of the\ndistrict. Except as otherwise provided in this section, the provisions\nof sections two hundred sixty-one, two hundred sixty-five and two\nhundred sixty-six shall, in such case, be inoperative, and the functions\nof the administrative head or body as prescribed in sections two hundred\nsixty-two and two hundred sixty-three shall be exercised by the board of\nsupervisors.\n b. The public authority shall make periodic reports to the board of\nsupervisors, showing in detail the operations of the district for the\npreceding period, including a detailed report of its receipts and\ndisbursements, and such other facts as the board of supervisors may deem\nimportant for its information, together with such recommendations as the\npublic authority may have as to improvements to the systems and such\nother recommendations as may be proper for the consideration of the\nboard of supervisors.\n c. The public authority shall also annually, at such time as the board\nof supervisors may determine, submit to such board a statement of the\nestimated expense of the operation and maintenance of the district and\nthe amount required for the payment of all debt service on obligations\nof the county issued for the purposes of such district, for the ensuing\nfiscal year. Such statement shall show the amount which the public\nauthority recommends be raised by water rates and the amount to be\nraised by assessments. The board of supervisors may change the amounts\nso recommended to be raised by water rates and assessments, provided,\nhowever, that the total of such amounts shall not be reduced below the\nestimated expense of the operation and maintenance of the district plus\nthe amount required for the payment of all debt service on obligations\nof the county issued for the purposes of such district. The board of\nsupervisors shall affirm and adopt such statement as originally\nsubmitted or as changed. All rate schedules proposed to be established\nby the public authority and all amendments thereto or changes therein,\nshall be submitted to the board of supervisors for its prior approval.\nRates shall be fixed in such amounts as to assure revenues therefrom, in\naddition to amounts received from assessments, sufficient to defray all\ncosts of operation and maintenance and all debt service on obligations\nof the county issued for the purposes of the county water district. The\npublic authority shall pay over to the county treasurer, or comparable\nofficer or body, at such times as necessary, sufficient moneys to meet\nsuch obligations as they become due. Unpaid water charges shall be a\nlien upon real property as provided in subdivision two of section two\nhundred sixty-six of this chapter and shall be enforced as provided in\nsubdivision three of such section, except that the list of delinquent\nusers shall be prepared and transmitted by the public authority and the\namounts received on such accounts by the county treasurer, or comparable\nofficer or body, shall be paid over to the public authority.\n d. The amount determined to be raised by assessment shall be assessed\nand levied as provided in section two hundred seventy, provided,\nhowever, that if the notice of public hearing to be held by the board of\nsupervisors pursuant to section two hundred fifty-four shall contain a\nstatement that the cost of the improvement will be assessed in\nproportion as nearly as may be to the benefit which each lot or parcel\nof land will derive therefrom, such amount shall be assessed and levied\nas hereinafter provided. The board of supervisors shall annually cause\nto be assessed the amount determined to be raised by assessment on the\nlots or parcels of land in the district in proportion as nearly as may\nbe to the benefit which each lot or parcel will derive therefrom and\nshall cause an assessment roll to be prepared in the manner provided in\nsection two hundred seventy-one. Such assessment roll shall be filed in\nthe office of the clerk of the board of supervisors and shall be open to\npublic inspection at such office during business hours. The board of\nsupervisors shall hold a public hearing on such assessment roll in the\nmanner and upon the notice prescribed in section two hundred\nseventy-one. At the time and place specified in the notice, the board of\nsupervisors shall meet and hear and consider any objections to the\nassessment roll and may change or amend the same as it deems necessary\nor just so to do and may affirm and adopt the same as originally\nproposed or as amended or changed, or they may annul the same and cause\nanother roll to be prepared or the board of supervisors may prepare such\nnew roll. No such amended, changed, or new roll shall be adopted unless\nthe board of supervisors shall hold a hearing thereon in the manner and\nupon the notice prescribed for the original hearing. It shall be the\nduty of the board of supervisors to levy the sum apportioned to be\nassessed upon each such lot or parcel of land at the time and in the\nmanner provided by law for the levy of state, county or town taxes.\nAmounts assessed and levied pursuant to this paragraph shall be\ncollected by the local tax collectors or receivers of taxes and\nassessments and shall be paid over to the county treasurer, or\ncomparable officer or body, in the same manner and at the same time as\ntaxes levied for general county purposes. The county treasurer, or\ncomparable officer or body, shall pay over all amounts so received to\nthe public authority.\n