§ 33. Budget appropriation
(a)(1) Proposed budget. Annually, on or before the first day of December, the Board of Supervisors shall approve
and cause to be distributed to the legislative branch of each member municipality
for review and comment an annual report of its activities, including a financial statement,
and a proposed budget of the District for the next fiscal year. This proposed budget
shall include reasonably detailed estimates of:
(A) deficits or surpluses, or both, from prior fiscal years;
(B) anticipated expenditures for the administration of the District;
(C) anticipated expenditures for the operation and maintenance of any District solid waste
facilities;
(D) costs of debt service;
(E) payments due on long-term contracts;
(F) payments due to any capital reserve funds;
(G) anticipated revenues from charges for the disposal of solid waste and other sources;
(H) the necessary appropriations to operate and carry out the District’s functions for
the next fiscal year;
(I) the proposed assessment, if any, to each member municipality;
(J) such other estimates as the Board of Supervisors shall deem necessary to propose.
(2) The Board of Supervisors shall hold a public hearing on or before the last day of
December of each year to receive comments from the legislative bodies of member municipalities
and hear all other interested persons regarding the proposed budget. Notice of such
hearing shall be given in such manner as the Board may prescribe. The Board of Supervisors
shall give consideration to all comments received and make such changes to the proposed
budget as it deems advisable.
(b) Budget, adoption, appropriations. Annually, on or before January 15, the Board of Supervisors shall adopt the budget,
appropriate the sums that it deems necessary to operate and carry out the District’s
functions for the next ensuing fiscal year, determine the assessment of each member
municipality, if necessary, for its proportionate share of the sums so appropriated
over and above anticipated revenues to the District, and adopt a schedule designating
when such assessments, if any, are due and payable by the member municipalities.
(c) Apportionment of assessments. In the event that it becomes necessary to levy assessments on the member municipalities,
the assessments shall be apportioned among the member municipalities on the basis
of relative quantities of solid waste disposal by each member municipality in a District
facility if, in the judgment of the Board of Supervisors, those quantities can be
adequately determined, or on the basis of population within each of the member municipalities
should the Board conclude that relative waste quantities cannot be adequately determined
for each member municipality at the time assessments needed to be levied. Each member
municipality shall be assessed a percentage of the sum appropriated equal to the ratio
that the waste quantity or population of the member municipality bears to the total
waste quantity or population within the District.
(d) Failure of the Board to take any action required by this section by its prescribed
deadline shall not constitute grounds for any claim or defense as to the invalidity
of any assessment.