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This entry was published on 2014-09-22
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SECTION 280-X
Contracts with public authorities for county hurricane protection, flood and shoreline erosion control districts
County (CNT) CHAPTER 11, ARTICLE 5-B
§ 280-x. Contracts with public authorities for county hurricane
protection, flood and shoreline erosion control districts. 1.
Notwithstanding any other provision of this chapter, the governing body
may enter into a contract with a public authority which possesses
express reciprocal powers whereby the construction and development of
hurricane protection, flood and shoreline erosion control facilities, or
any part or parts thereof, may be accomplished by such public authority
on behalf of the county hurricane protection, flood and shoreline
erosion control district, with the expense thereof to be assessed as
provided in section two hundred eighty-u hereof. Such hurricane
protection, flood and shoreline erosion control 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 hurricane
protection, flood and shoreline erosion control authority to purchase
supplies or equipment or to construct hurricane protection, flood and
shoreline erosion control facilities, 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 governing
body 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 section two hundred eighty-l, two hundred eighty-o and two hundred
eighty-q shall, in such case, be inoperative, and the functions of the
administrative head or body as prescribed in sections two hundred
eighty-m and two hundred eighty-n shall be exercised by the governing
body.

b. The public authority shall make periodic reports to the governing
body, 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 governing body 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 governing
body.

c. The public authority shall also annually, at such time as the
governing body may determine, submit to such governing body 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 has available through state and federal aid and
assistance or other sources and the amount it recommends be raised by
assessment. The governing body may change the amount so recommended to
be raised by assessment, 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 governing body shall affirm and adopt
such statement as originally submitted or as changed.

d. The amount determined to be raised by assessment shall be assessed
and levied as provided in section two hundred eighty-u, provided,
however, that if the notice of public hearing to be held by the
governing body pursuant to section two hundred eighty-e 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 governing body shall annually cause to be
assessed the amount determined to be raised by assessment on the lots or
parcels of land in the hurricane protection, flood and shoreline erosion
control 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
eighty-v. Such assessment roll shall be filed in the office of the clerk
of the governing body and shall be open to public inspection at such
office during business hours. The governing body shall hold a public
hearing on such assessment roll in the manner and upon the notice
prescribed in section two hundred eighty-v. At the time and place
specified in the notice, the governing body 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 governing
body may prepare such new roll. No such amended, changed or new roll
shall be adopted unless the governing body shall hold a hearing thereon
in the manner and upon the notice prescribed for the original hearing.
It shall be the duty of the governing body to levy the sum apportioned
to and 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 in the same
manner and at the same time as taxes levied for general county purposes.
The county treasurer shall pay over all amounts so received to the
public authority.