§ 15-2125. Operation and maintenance charges.\n 1. The board shall make an estimate of an amount sufficient to pay the\nexpense of the maintenance and operation of the works erected hereunder,\nincluding interest on temporary certificates of indebtedness issued\nprior to the effective date of the Local Finance Law. If lands in the\nforest preserve have been used, such estimate shall include in addition\na reasonable return to the state upon the value of the rights and\nproperty of the state used and the services of the state rendered. A\nreasonable return to the state upon the value of the rights and property\nof the state used shall mean six per cent upon the value of the lands\nflowed, exclusive of merchantable timber and salable wood removed\ntherefrom for which the state shall have been paid as provided by\nsubdivision 8 of section 15-2119 hereof. The value of the services of\nthe state rendered shall be construed to mean the actual cost thereof.\n 2. Any amount so estimated shall be the estimated amount required for\nsuch purposes each year, and when fixed and determined as herein\nprovided shall be the amount thereof for a period of three years. The\namount shall be readjustable at the end of any three-year term. The\namount less any part thereof to be paid by the state shall be the amount\nto be annually collected for such purposes, and shall be apportioned\nupon the public corporations and real estate benefited according to the\nbenefits derived therefrom respectively, and shall be levied, assessed\nand collected in the same manner as the cost and expenses of the\nreservoir are herein provided to be levied, assessed and collected.\n 3. Such estimates and determinations as from time to time fixed and\ndetermined by the board may upon application of any party affected\nthereby be reviewed in the manner provided by article seventy-eight of\nthe Civil Practice Law and Rules by the Supreme Court of the judicial\ndistrict in which the reservoir is located. Upon the hearing on such\napplication for review, the court shall take the testimony and other\nproofs of the parties and may make an order affirming, vacating or\nmodifying any such estimate and determination.\n
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