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This entry was published on 2014-09-22
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SECTION 273
Contracts with public authorities for county water districts
County (CNT) CHAPTER 11, ARTICLE 5-A
§ 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 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.