Section 15-2125. Operation and maintenance charges  


Latest version.
  • 1. The board shall make an estimate of an amount sufficient to pay the
      expense of the maintenance and operation of the works erected hereunder,
      including  interest  on  temporary  certificates  of indebtedness issued
      prior to the effective date of the Local Finance Law. If  lands  in  the
      forest  preserve have been used, such estimate shall include in addition
      a reasonable return to the state  upon  the  value  of  the  rights  and
      property  of  the  state  used and the services of the state rendered. A
      reasonable return to the state upon the value of the rights and property
      of the state used shall mean six per cent upon the value  of  the  lands
      flowed,  exclusive  of  merchantable  timber  and  salable  wood removed
      therefrom for which the state  shall  have  been  paid  as  provided  by
      subdivision  8  of  section 15-2119 hereof. The value of the services of
      the state rendered shall be construed to mean the actual cost thereof.
        2. Any amount so estimated shall be the estimated amount required  for
      such  purposes  each  year,  and  when  fixed  and  determined as herein
      provided shall be the amount thereof for a period of  three  years.  The
      amount  shall  be  readjustable  at  the end of any three-year term. The
      amount less any part thereof to be paid by the state shall be the amount
      to be annually collected for such purposes,  and  shall  be  apportioned
      upon  the public corporations and real estate benefited according to the
      benefits derived therefrom respectively, and shall be  levied,  assessed
      and  collected  in  the  same  manner  as  the  cost and expenses of the
      reservoir are herein provided to be levied, assessed and collected.
        3. Such estimates and determinations as from time to  time  fixed  and
      determined  by  the  board  may  upon  application of any party affected
      thereby be reviewed in the manner provided by article  seventy-eight  of
      the  Civil  Practice  Law and Rules by the Supreme Court of the judicial
      district in which the reservoir is located. Upon  the  hearing  on  such
      application  for  review,  the  court shall take the testimony and other
      proofs of the parties and may  make  an  order  affirming,  vacating  or
      modifying any such estimate and determination.