§ 15-2121 — Apportionment of cost

§ 15-2121. Apportionment of cost.\n 1. If proceedings to review the final order of the board determining\nthat such proposed reservoir shall be made have not been instituted\nwithin sixty days from the date of the filing of the same, or upon the\nfiling of a modification thereof as directed by order of the court, the\nboard shall, as soon thereafter as practicable, prepare an estimate of\nthe total cost of such reservoir, including interest on certificates of\nindebtedness issued prior to the effective date of the Local Finance\nLaw, or on notes, to the maturity thereof and compensation for real\nestate and all damages suffered by reason thereof and all expenses\nnecessarily incurred or to be incurred in connection therewith, and make\na complete and verified statement thereof.\n 2. The board shall then apportion such cost, less the amount which may\nbe chargeable to the state, among the public corporations and parcels of\nreal estate benefited, in proportion to the amount of benefit which will\ninure to each such public corporation and parcel of real estate by\nreason of such reservoir. Such apportionment shall be made in writing\nand shall show the name of each public corporation and a brief\ndescription of each parcel of real estate benefited; the name of the\nowner, or owners, of each such parcel of real estate, so far as can be\nascertained; the proportion of such cost less the amount which may be\nchargeable to the state to be borne by each, expressed in decimals; and\nthe amount to be paid by each such public corporation or the owner or\nowners of each such parcel of real estate.\n 3. Such amount shall be determined by multiplying the total cost less\nthe amount which may be chargeable to the state by the decimal\nrepresenting the proportion thereof to be borne by each public\ncorporation or parcel of real estate.\n 4. The board, or a majority of the members thereof, before making such\napportionment shall view the premises and public corporations benefited.\nSuch apportionment shall be approved by the board and certified to the\ndepartment for its approval. Upon the approval thereof by the\ndepartment, the board shall cause a copy thereof to be served upon the\nchairman or other presiding officer of the county legislative body of\neach county, the mayor of each city, the supervisor of each town, and\nthe mayor of each village, named in the apportionment, or if service\ncannot be had upon such chairman, mayor, or supervisor, then upon a\nmember of the county legislative body of the county, an alderman of the\ncity or member of the governing board thereof, a member of the town\nboard of the town, or a trustee of the village, and to be filed in the\noffice of the county clerk of each county in which any public\ncorporation or real property thereby affected is located. After such\nservice and filing of such apportionment and determination, notice shall\nbe given by the board, of publication of a time and place where the\nboard will meet to hear any public corporation or person aggrieved by\nthe same. The affidavit of the person serving or publishing such notice\nshall be evidence of such service or publication.\n 5. The board shall meet at the time and place specified and hear all\npersons and public corporations interested in or aggrieved by such\napportionment and may approve of or modify the same. If such\napportionment and determination be modified by the board it shall not\nbecome effective until approved by the department and a copy thereof\nserved and filed in the same manner as upon the completion of the same\nin the first instance. Any public corporation or any person deeming it\nor himself aggrieved may upon notice to the board review the\ndetermination of the board in the same manner as a review is had of the\ndetermination of a board of assessors in making an assessment. Such\napportionments as so modified and as further modified by any final\njudgment or order made in proceedings to review the same as herein\nprovided shall be final and conclusive.\n 6. The amount of the total cost and expense of such reservoir and the\nmaintenance and operation thereof including the amount of a reasonable\nreturn to the state as herein provided for, which each such public\ncorporation and each such parcel of real estate is to pay and bear shall\nbe based upon the proportion of cost as determined in the apportionment.\nIf the total cost of such reservoir shall exceed the estimate made and\napportioned as hereinbefore provided, the amount of such excess cost,\nless the amount which may be chargeable to the state, shall be\napportioned among the public corporations and parcels of real estate\nbenefited, by an additional apportionment to be made in the same manner\nand by the same procedure as the original apportionment, and shall be\nlevied, assessed and collected in the manner provided in section 15-2123\nhereof. Such apportionment and determination, when finally made, also\nshall be deemed to fix and determine the apportionment and the basis of\napportionment of all subsequent expenses to be incurred in the\nmaintenance and operation of such reservoir, including the amount of a\nreasonable return to the state, if any, as provided for in title 21 of\nthis article.\n 7. If powers be developed after such apportionment has been made or if\nfor any other reason any public corporation or any parcel of real estate\nbecomes liable equitably for such subsequent expenses, a subsequent\napportionment may be made in the same manner and subject to the same\nreview as the original apportionment. Provided, however, that before any\nsuch apportionment of costs or any assessment is made by the board,\npublic corporations or owners of property liable for the same may\nexecute and deliver to the board a consent, executed and acknowledged in\nlike manner as a deed, by which they acknowledge that they are the\npublic corporations and owners of property benefited by the improvement\nand consent to bear the cost thereof, less any sum previously\nappropriated by the state therefor, together with charges provided for\nin section 15-2125 of title 21 of this article, and to have the same\nassessed against them or their property as in this article provided.\nSuch consent may also provide, as a condition of its acceptance by the\nboard, for the basis on which the assessment for the improvement shall\nbe made upon the parties consenting.\n 8. The board may accept or reject such consent. If it accepts the same\nit must be by resolution providing for the levy of the entire assessment\nupon the public corporations and property of the parties filing such\nconsent, on the basis of benefits received, if any, determined by the\nterms of the consent, or if no basis of assessment be fixed by the\nconsent, on the basis of the benefits shared by such parties in the\nmanner provided in title 21 of this article. If such consent be accepted\nby the board, a certified copy thereof shall be filed by the board in\nthe office of the county clerk of each county in which any public\ncorporation or real property affected by the assessment is located. Such\na consent, when executed by a public corporation, must be authorized by\nthe governing body thereof.\n