Legislation
SECTION 262
Performance of the work
County (CNT) CHAPTER 11, ARTICLE 5-A
§ 262. Performance of the work. After a district shall have been
established, the administrative head or body shall cause to be prepared
by the county engineer, or other county officer having equivalent
qualifications, or a duly licensed engineer employed for that purpose,
detailed plans and specifications for the improvement, a careful
estimate of the expense, and, with the assistance of the county
attorney, or an attorney employed for that purpose, a proposed contract
or contracts for the execution of the work. The administrative head or
body shall examine such detailed plans, specifications, estimates and
contracts and may adopt, modify, amend or reject the same. Upon adoption
of the plans, specifications, estimates and proposed contract, the
administrative head or body shall cause contracts to be let in the same
manner provided for other county construction projects. Nothing herein
shall prevent the purchase or condemnation of any existing county
system, or portion or portions thereof, whether inside or outside of the
county, necessary for the purposes of the county district, provided,
however, that there shall be no power to condemn property the legal
title to which is vested in a public corporation or a special
improvement district unless the owner shall consent thereto. The cost
thereof, together with the cost of construction of those facilities
proposed to be constructed, shall not exceed the maximum cost of the
project as advertised in the notice of hearing published pursuant to
section two hundred fifty-four of this article. In the event that a
system owned by a municipal corporation or district is purchased, the
county may by agreement with the seller, assume the payment of annual
installments of principal of, and interest on, obligations issued by the
selling municipality to finance the cost of the facilities so sold. If
payment of annual installments of debt service is not assumed, as
aforesaid, the selling municipality shall set aside in a reserve fund,
so much of the purchase price received as is sufficient to meet all
future installments of principal of, and interest on, outstanding
obligations issued by it to finance the cost of the facilities sold.
Moneys in such a reserve fund may be invested as provided in section
eleven of the general municipal law.
established, the administrative head or body shall cause to be prepared
by the county engineer, or other county officer having equivalent
qualifications, or a duly licensed engineer employed for that purpose,
detailed plans and specifications for the improvement, a careful
estimate of the expense, and, with the assistance of the county
attorney, or an attorney employed for that purpose, a proposed contract
or contracts for the execution of the work. The administrative head or
body shall examine such detailed plans, specifications, estimates and
contracts and may adopt, modify, amend or reject the same. Upon adoption
of the plans, specifications, estimates and proposed contract, the
administrative head or body shall cause contracts to be let in the same
manner provided for other county construction projects. Nothing herein
shall prevent the purchase or condemnation of any existing county
system, or portion or portions thereof, whether inside or outside of the
county, necessary for the purposes of the county district, provided,
however, that there shall be no power to condemn property the legal
title to which is vested in a public corporation or a special
improvement district unless the owner shall consent thereto. The cost
thereof, together with the cost of construction of those facilities
proposed to be constructed, shall not exceed the maximum cost of the
project as advertised in the notice of hearing published pursuant to
section two hundred fifty-four of this article. In the event that a
system owned by a municipal corporation or district is purchased, the
county may by agreement with the seller, assume the payment of annual
installments of principal of, and interest on, obligations issued by the
selling municipality to finance the cost of the facilities so sold. If
payment of annual installments of debt service is not assumed, as
aforesaid, the selling municipality shall set aside in a reserve fund,
so much of the purchase price received as is sufficient to meet all
future installments of principal of, and interest on, outstanding
obligations issued by it to finance the cost of the facilities sold.
Moneys in such a reserve fund may be invested as provided in section
eleven of the general municipal law.