Section 273. Contracts with public authorities for county water districts  


Latest version.
  • 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.