2023 New York Laws › CNT - County › Article 5-B - County Hurricane Protection, Flood and Shoreline Erosion Control Districts › 280-X - Contracts With Public Authorities for County Hurricane Protection, Flood and Shoreline Erosion Control Districts.

§  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.