Legislation
SECTION 15-2125
Operation and maintenance charges
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 21
§ 15-2125. Operation and maintenance charges.
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.
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.