§ 280-X — Contracts with public authorities for county hurricane protection, flood and shoreline erosion control districts

New York § 280-X

• Jurisdiction: New York
• Law CNT: County
• Art. 5-B: County Hurricane Protection, Flood and Shoreline Erosion Control Districts

Text

§ 280-x. Contracts with public authorities for county hurricane\nprotection, flood and shoreline erosion control districts. 1.\nNotwithstanding any other provision of this chapter, the governing body\nmay enter into a contract with a public authority which possesses\nexpress reciprocal powers whereby the construction and development of\nhurricane protection, flood and shoreline erosion control facilities, or\nany part or parts thereof, may be accomplished by such public authority\non behalf of the county hurricane protection, flood and shoreline\nerosion control district, with the expense thereof to be assessed as\nprovided in section two hundred eighty-u hereof. Such hurricane\nprotection, flood and shoreline erosion control authority shall be\ndeemed the agent of the county or counties which are a party or parties\nto such contract. If such contract shall authorize the hurricane\nprotection, flood and shoreline erosion control authority to purchase\nsupplies or equipment or to construct hurricane protection, flood and\nshoreline erosion control facilities, such authority shall be subject to\nall provisions of law to which a county would be subject in relation to\nadvertising and awarding any such contracts for supplies, equipment or\npublic works.\n 2. a. Notwithstanding any other provision of this act, the governing\nbody may enter into a contract with a public authority whereby the\npublic authority may assume the operation and management of the\ndistrict. Except as otherwise provided in this section, the provisions\nof section two hundred eighty-l, two hundred eighty-o and two hundred\neighty-q shall, in such case, be inoperative, and the functions of the\nadministrative head or body as prescribed in sections two hundred\neighty-m and two hundred eighty-n shall be exercised by the governing\nbody.\n b. The public authority shall make periodic reports to the governing\nbody, showing in detail the operations of the district for the preceding\nperiod, including a detailed report of its receipts and disbursements,\nand such other facts as the governing body may deem important for its\ninformation, together with such recommendations as the public authority\nmay have as to improvements to the systems and such other\nrecommendations as may be proper for the consideration of the governing\nbody.\n c. The public authority shall also annually, at such time as the\ngoverning body may determine, submit to such governing body a statement\nof the estimated expense of the operation and maintenance of the\ndistrict and the amount required for the payment of all debt service on\nobligations of the county issued for the purposes of such district, for\nthe ensuing fiscal year. Such statement shall show the amount which the\npublic authority has available through state and federal aid and\nassistance or other sources and the amount it recommends be raised by\nassessment. The governing body may change the amount so recommended to\nbe raised by assessment, provided, however, that the total of such\namounts shall not be reduced below the estimated expense of the\noperation and maintenance of the district plus the amount required for\nthe payment of all debt service on obligations of the county issued for\nthe purposes of such district. The governing body shall affirm and adopt\nsuch statement as originally submitted or as changed.\n d. The amount determined to be raised by assessment shall be assessed\nand levied as provided in section two hundred eighty-u, provided,\nhowever, that if the notice of public hearing to be held by the\ngoverning body pursuant to section two hundred eighty-e 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 governing body shall annually cause to be\nassessed the amount determined to be raised by assessment on the lots or\nparcels of land in the hurricane protection, flood and shoreline erosion\ncontrol district in proportion as nearly as may be to the benefit which\neach lot or parcel will derive therefrom and shall cause an assessment\nroll to be prepared in the manner provided in section two hundred\neighty-v. Such assessment roll shall be filed in the office of the clerk\nof the governing body and shall be open to public inspection at such\noffice during business hours. The governing body shall hold a public\nhearing on such assessment roll in the manner and upon the notice\nprescribed in section two hundred eighty-v. At the time and place\nspecified in the notice, the governing body shall meet and hear and\nconsider any objections to the assessment roll and may change or amend\nthe same as it deems necessary or just so to do and may affirm and adopt\nthe same as originally proposed or as amended or changed, or they may\nannul the same and cause another roll to be prepared or the governing\nbody may prepare such new roll. No such amended, changed or new roll\nshall be adopted unless the governing body shall hold a hearing thereon\nin the manner and upon the notice prescribed for the original hearing.\nIt shall be the duty of the governing body to levy the sum apportioned\nto and assessed upon each such lot or parcel of land at the time and in\nthe manner 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 in the same\nmanner and at the same time as taxes levied for general county purposes.\nThe county treasurer shall pay over all amounts so received to the\npublic authority.\n