§ 277-A — Conveyance or lease to the county of Westchester by a city, town or village in the county's New Rochelle sanitary sewer district of sewer...

New York § 277-A

• Jurisdiction: New York
• Law CNT: County
• Art. 5-A: County Water, Sewer, Drainage and Refuse Districts

Text

§ 277-a. Conveyance or lease to the county of Westchester by a city,\ntown or village in the county's New Rochelle sanitary sewer district of\nsewer system property and the establishment of certain county sewer\ndistricts, extensions or special transitional zones of assessment in the\ncounty of Westchester. 1. As used in this section, the following terms\nshall have the following meanings:\n a. "Charter" shall mean the charter and administrative code of the\ncounty of Westchester.\n b. "City, town or village" shall mean the city of New Rochelle, town\nof Mamaroneck or villages of Larchmont or Pelham Manor in the county of\nWestchester.\n c. "Commissioner of finance" shall mean the commissioner of finance of\nthe county of Westchester.\n d. "Commissioner of environmental facilities" shall mean the\ncommissioner of environmental facilities of the county of Westchester.\n e. "County" shall mean the county of Westchester, including when\nacting on behalf of a county sewer district.\n f. "County legislature" shall mean the county legislature of the\ncounty of Westchester.\n g. "Governing board of a city, town or village in the county of\nWestchester" shall mean the finance board as such term is defined in\nsection 2.00 of the local finance law.\n h. "Sewer system" shall include sewage collection or conveyance\nfacilities, treatment or disposal plants, buildings, land and rights in\nland, furnishings, equipment, machinery and apparatus, appurtenant\nfacilities, all moneys on hand collected or received for the purposes of\nsuch sewer system, and all other items of property, either real or\npersonal or mixed, acquired for or incidental to such sewer system,\nprovided that no such property shall be located outside the boundaries\nof the county's New Rochelle sanitary sewer district.\n i. "Sewer system consolidation agreement" shall mean an agreement\nbetween the county and a city, town or village whereby such city, town\nor village shall convey or lease sewer system property to the county for\noperation, maintenance or improvement by the county described in\nsubdivision two of this section.\n j. "Special transitional zone of assessment" shall mean a zone of\nassessment within the county's New Rochelle sanitary sewer district\nestablished to allocate all or a portion of the costs of facilitating a\nconveyance or lease of sewer system property by a city, town or village\nto the county and a transfer of responsibilities for the operation,\nmaintenance and improvement thereof to the county sewer district. A\nspecial transitional zone of assessment may overlap all or portions of\nany zone of assessment established in the county's New Rochelle sanitary\nsewer district to allocate the costs of the operation, maintenance and\nimprovement of the county's trunk sewers and wastewater treatment plants\nand related facilities.\n k. "Town sewer district" shall mean a sewer district governed by the\nprovisions of articles twelve or twelve-A of the town law or a benefited\narea established to provide a sewer improvement pursuant to articles\nthree-A or twelve-C of such law.\n l. "Village sewer district" shall mean a sewer district governed by\nthe provisions of article fourteen and section 17-1718 of the village\nlaw.\n 2. Notwithstanding the provisions of any general, special or local\nlaw, the county and a city, town or village may enter into, and take the\nactions necessary to implement, sewer system consolidation agreements\nunder this section to facilitate the conveyance or lease to the county\nof sewer system property and the transfer to the county of the\nresponsibilities of operation, maintenance and improvement of sewer\nsystem property. Sewer system consolidation agreements shall include the\nfollowing provisions:\n a. an identification of the sewer system property of the city, town or\nvillage to be conveyed or leased to the county, the consideration, if\nany, for such conveyance or lease and the conditions, if any, under\nwhich the conveyance or lease could be reversed or canceled;\n b. a description of any improvements of such property to be made by\nthe county, the estimated cost thereof and the plan for financing such\nimprovements;\n c. determinations of whether the county shall undertake to establish\nspecial transitional zones of assessment under terms and conditions as\nmay be agreed upon, and shall include a description and estimate of the\ncosts to be allocated to the special transitional zone of assessment and\na description of whether the costs allocated thereto shall be levied in\nthe same manner as other county charges or in the manner described in\nsection two hundred seventy or section two hundred seventy-one of this\narticle, and if pursuant to section two hundred seventy-one, whether and\nunder what circumstances such manner of levy is expected to be changed;\n d. determinations of whether the county shall make a payment or\npayments to the city, town or village in respect of city, town or\nvillage debt service on indebtedness issued to finance sewer system\nproperties or whether the county may finance the cost of acquisition of\nsewer system properties from cities, towns or villages through the\nissuance of bonds or notes in accordance with the local finance law, and\nin either case whether the city, town or village shall establish funds\nto receive all or a portion of the proceeds thereof, as may be necessary\nor convenient to facilitate such payments or as may be required by\nsection six-l of the general municipal law, and whether the city, town\nor village shall call outstanding bonds for redemption at such times and\nunder such conditions as may be agreed to;\n e. determinations of whether and to what extent the county and the\ncity, town or village shall indemnify each other for liabilities for\nwork performed or existing conditions;\n f. determinations of whether employees of the city, town or village\nshall be transferred to the county and become county employees under\nsuch terms and conditions as such employees and the parties may agree,\nsubject to the rights and privileges of such employees under labor\nagreements and applicable law, and whether employees of cities, towns\nand villages not so transferred to the county may continue to be\nemployed by such cities, towns and villages to provide services to the\ncounty sewer district under such terms as may be agreed upon;\n g. estimates of capital cost of the sewer system property conveyed or\nleased, which may include planning, design, acquisition and construction\ncosts of such property and improvements thereto, the costs of\npreparation of reports described in subdivision three of this section\nand the sewer system consolidation agreement, and any other expenses\nincurred in furtherance of the making of the sewer system consolidation\nagreement, and the amounts of the capital cost to be charged against\nproperties in a special transitional zone of assessment, to be paid by\nthe county through a county sewer district or to be paid by the city,\ntown or village;\n h. estimates of the operating expenses of the property conveyed or\nleased under the sewer system consolidation agreement, and a statement\nof the portions of the operating expenses to be annually charged against\nproperties in a special transitional zone of assessment, to be paid by\nthe county through a county sewer district or to be paid by the city,\ntown or village;\n i. terms describing the actions necessary to amend the sewer system\nconsolidation agreement; and\n j. terms describing the conditions under which the sewer system\nconsolidation agreement may be extended.\n 3. A city, town or village may prepare and furnish to the county a\nreport containing a map and a general description of the sewer system\nproperty which is proposed to be leased or conveyed and a description of\nits current condition. The report shall include the terms of any\noutstanding indebtedness issued to finance acquisition or improvement of\nsuch sewer system property and such additional information relevant to\nthe assessment of the costs of operation, maintenance and improvement of\nsuch sewer system property as the county may request. Upon presentation\nof such report the county legislature may refer the same to the\ncommissioner of environmental facilities for a plan and report with\nrespect thereto. If the county legislature refers the report to the\ncommissioner of environmental facilities, said commissioner shall\nthereupon prepare and furnish to the county legislature a plan and\nreport describing capital improvements, if any, to such sewer system\nproperty which the commissioner of environmental facilities recommends\nbe undertaken following its conveyance or lease to the county. This plan\nand report shall include the estimated costs thereof, together with an\nestimate of the operating and maintenance costs of such property. The\nplan and report shall also contain such other data and information as\nshall have been requested by the county legislature or as may be\ndetermined by the commissioner of environmental facilities to be\nappropriate under the circumstances. Upon review of the plan and report,\nthe county legislature may, if a majority of the county legislature\napproves the plan and report, authorize the preparation of a draft sewer\nsystem consolidation agreement and direct that such plan and report be\nfurnished to the city, town or village. The county and the city, town or\nvillage may then prepare a draft sewer system consolidation agreement.\nThe draft sewer system consolidation agreement shall be presented to and\napproved as to form by the county legislature and the governing body of\nthe city, town or village prior to the calling of a hearing under\nsubdivisions seven and five of this section, respectively. Such draft\nsewer system consolidation agreement shall not be binding nor shall it\nbe executed until after a public hearing and authorization by the county\nlegislature and the governing body of the city, town or village, as\nprovided for in subdivisions six and eight of this section.\n 4. In addition to existing authority to establish county sewer\ndistricts or extensions, the county legislature, in furtherance of a\nsewer system consolidation agreement, may establish a special\ntransitional zone of assessment in any county sewer district, and to the\nextent such special transitional zone of assessment would fall in whole\nor in part outside any county sewer district, may coincidentally\nestablish a county sewer district encompassing such area or extend an\nexisting county sewer district to encompass such area, in the manner\nhereinafter provided. Each special transitional zone of assessment\nshall have boundaries coterminous with the area provided with a sewer\nsystem by any city, town or village, for the purpose of facilitating the\nconveyance or lease to the county all or a portion of the property of\ncities, towns or villages relating to the collection and conveyance of\nsewage to county trunk sewers and the transfer of all or a portion of\nthe responsibilities for the operation, maintenance and improvement\nthereof.\n 5. Following the approval of a draft sewer system consolidation\nagreement, the governing body of the city, town or village shall hold a\npublic hearing on the draft sewer system consolidation agreement. Such\npublic hearing shall be called by such governing body, which shall\ndirect that notice thereof be published and posted not less than\nfourteen days prior to the date set for such hearing. Such notice shall\nbe given, in the case of towns, in the manner prescribed in section one\nhundred ninety-three of the town law, and in the case of cities and\nvillages, in the manner prescribed for general elections. Such notice\nshall state in general terms that it is proposed to petition the county\nlegislature to enter into a sewer system consolidation agreement and, if\ncontemplated by the sewer system consolidation agreement, to establish\nor extend a county sewer district or establish a special transitional\nzone of assessment for the purpose of facilitating the conveyance or\nlease of property to the county and its operation, maintenance and\nimprovement of such property, as set forth in the draft sewer system\nconsolidation agreement. Such notice shall generally identify the\nparticular sewer system proposed to be conveyed or leased, the proposed\nimprovements thereto, if any, and the estimated maximum cost thereof,\nand shall describe the boundaries of the proposed, district, extension\nor special transitional zone of assessment in a manner sufficient to\npermit definite and conclusive identification of all parcels of property\nincluded therein. Such notice shall also state where the draft sewer\nsystem consolidation agreement is available for public inspection, and\nshall set forth the time when and place where such hearing shall be\nheld.\n 6. If the governing board shall decide, after such public hearing and\nupon the evidence given thereat, that it is in the public interest to\npetition the county legislature to enter into the sewer system\nconsolidation agreement pursuant to this section, it shall authorize the\nchief executive officer as that term is defined in the local finance\nlaw, as the case may be, to:\n a. execute such petition and file the same with the clerk of the\ncounty legislature; and\n b. execute the sewer system consolidation agreement, if the county\nelects to enter into the sewer system consolidation agreement.\n Such petition shall generally identify the particular sewer system\nproposed to be conveyed or leased and shall describe the boundaries of\nthe area served thereby in a manner sufficient to permit definite and\nconclusive identification of all parcels of property included therein.\n 7. Upon receipt of such petition and after the approval of the form of\nthe draft sewer system consolidation agreement, the county legislature\nmay call a public hearing to enter into the sewer system consolidation\nagreement and, if contemplated thereby, to establish a special\ntransitional zone of assessment or establish or extend a county sewer\ndistrict. Notice of such public hearing shall be given not less than\nfourteen days prior to the date of the hearing in the manner prescribed\nin section two hundred fifty-four of this article. In addition, a copy\nof such notice shall be served upon or mailed to the city, town or\nvillage which presented such petition not less than fourteen days prior\nto the day set therein for such hearing. Such notice shall contain:\n a. a general description of the sewer system property proposed to be\nconveyed or leased;\n b. a description of the boundaries of any proposed district, extension\nor special transitional zone of assessment in a manner sufficient to\npermit definite and conclusive identification of all parcels of property\nincluded therein;\n c. the estimated maximum amount to be expended for proposed\nimprovements;\n d. a statement of the proposed manner of assessing costs allocable to\nthe special transitional zone of assessment, indicating whether it is\nproposed to levy assessments pursuant to the charter in the same manner\nas county charges or as described in section two hundred seventy or\nsection two hundred seventy-one of this article;\n e. a statement of whether and to what extent the county sewer district\nwill assume the payment of outstanding obligations, contracts and other\nindebtedness of the city, town or village for the purposes of or in\nrelation to the sewer system proposed to be conveyed or leased;\n f. shall state where the draft sewer system consolidation agreement is\navailable for public inspection; and\n g. shall specify the time when and place where the county legislature\nwill meet to consider the matter and to hear all parties interested\ntherein concerning the same.\n 8. If, based upon the evidence presented at such public hearing and\nafter due consideration of the petition, the plan and report of the\ncommissioner of environmental facilities and other data provided to it,\nthe county legislature shall determine that it is in the public interest\nto enter into the sewer system consolidation agreement, it shall by\nmajority vote adopt an act authorizing the execution of the sewer system\nconsolidation agreement. If the county legislature shall determine that\nit is not in the public interest to enter into the sewer system\nconsolidation agreement, it shall adopt an act so stating and\nterminating the proceedings with respect thereto. The parties to a sewer\nsystem consolidation agreement may from time to time amend the sewer\nsystem consolidation agreement, provided that, if an amendment would a.\nincrease the estimated capital cost to be assessed against properties in\na special transitional zone of assessment for the improvements proposed\nin the sewer system consolidation agreement; b. increase the share of\noperation and maintenance costs to be annually assessed against a\nspecial transitional zone of assessment; or c. eliminate from or add\nparcels to a special transitional zone of assessment, the amendment may\nbe authorized only after public hearings held by each party in the same\nmanner as the original sewer system consolidation agreement following\ndeterminations by the parties that such amendment is in the public\ninterest after hearings held as required for the original sewer system\nconsolidation agreement. Nothing in this section shall modify the\nspecial acts of the legislature and local laws of the county of\nWestchester governing county sewer districts and the assessments made\nand taxes levied in connection therewith, and the county of Westchester\nmay continue to operate county sewer districts in conformity therewith,\nirrespective of whether the county sewer district has undertaken to own,\noperate, maintain or improve sewers which are not trunk sewers pursuant\nto this section or otherwise undertakes to provide sewage collection and\nconveyance facilities in addition to trunk sewers.\n 9. As part of the implementation of the sewer system consolidation\nagreement, the county may adopt an act to establish a special\ntransitional zone of assessment or establish or extend a county sewer\ndistrict, which act shall include the following:\n a. an accurate description of the boundaries of any such district,\nextension, or special transitional zone of assessment in a manner\nsufficient to permit definite and conclusive identification of all\nparcels of property included therein, provided, however, if such\ndistrict, extension or special transitional zone of assessment is\ncoterminous with a city, town or village it shall be a sufficient\ncompliance with this paragraph to so state without describing the\nboundaries of such city, town or village;\n b. a general description of the sewer system property to be conveyed\nor leased to the county in accordance with the sewer system\nconsolidation agreement;\n c. a determination as to whether assessments for district purposes\nwill be levied pursuant to the charter in the same manner as county\ncharges or as described in section two hundred seventy or section two\nhundred seventy-one of this article in accordance with the notice of the\npublic hearing held pursuant to subdivision seven of this section;\n d. a determination as to the effective date or dates for the\nconveyance or lease of the property described in accordance with\nparagraph b of this subdivision, having due regard to the fiscal year of\nthe county and the city, town or village concerned and the availability\nof funds for the operation, maintenance and improvement of the sewer\nsystem by the county;\n e. a determination assuming responsibility for the payment of all or\nthe agreed portion of all obligations, contracts and other indebtedness\nof the city, town or village, as the case may be, incurred for the\npurposes of or in relation to the sewer system property to be conveyed\nor leased which shall be outstanding as of the effective date of such\nconveyance or lease, the exact amount and details thereof to be subject\nto future determination by agreement in such manner as may be provided\ntherein; and\n f. such other terms, conditions and provisions with respect to the\nestablishment of such district and such conveyance or lease, not\ninconsistent with the provisions of this section, as the county\nlegislature may determine to be necessary or desirable under the\ncircumstances.\n 10. The clerk of the county legislature, within ten days after the\nadoption thereof, shall file a certified copy of such act with the clerk\nof the city, town or village concerned, who shall present the same to\nthe governing board at the next meeting thereof. Such governing board\nshall thereupon proceed to adopt such resolutions or ordinances and take\nsuch other action as shall be necessary or convenient to effectuate a\nconveyance or lease of sewer system property to the county in accordance\nwith the provisions of this section and such act. In addition, in the\ncase of a town or a village sewer district, and if so provided in an\nagreement with the county, the governing board may adopt an order\ndissolving such district effective as of the date of such conveyance or\nlease, a certified copy of which shall be recorded in the office of the\ncounty clerk, or, if such district is not to be dissolved, the governing\nboard may adopt an order describing the remaining functions and\nresponsibilities of the district.\n 11. All or an agreed upon portion of assessments levied by, or fees,\nrates, rents or other charges due or moneys owing to a city, town or\nvillage with respect to any sewer system and remaining unpaid as of the\neffective date of the conveyance or lease thereof to a county district\npursuant to this section shall be collected by the city, town or village\nconcerned in the same manner as if such conveyance or lease had not been\nmade, and upon receipt shall be paid over to the county commissioner of\nfinance to be applied for the purposes of such county sewer district.\n 12. a. The principal of and interest on all outstanding bonds and\nnotes of a city, town or village issued to pay all or part of the cost\nof any sewer system conveyed or leased to a county district pursuant to\nthis section shall continue to be paid when due by such city, town or\nvillage, and, if a sewer system consolidation agreement with the county\nso provides, from moneys provided for such purpose by the county from\ncounty district funds raised or appropriated therefor. If the county has\nagreed to make such payments, the county commissioner of finance shall\nfrom time to time pay such moneys to the fiscal officer of such city,\ntown or village sufficiently in advance to permit the payment of all or\nthe agreed upon portion of such principal and interest when due. All\nother obligations and contract liabilities of a city, town or village\nassumed by the county in a sewer system consolidation agreement shall be\npaid directly from funds of the county in the same manner as other\ncounty sewer district claims.\n b. If bonds have been authorized by a city, town or village pursuant\nto the local finance law to pay all or a part of the cost of the\nacquisition, construction or reconstruction of or addition to a sewer\nsystem or the replacement of equipment, machinery, apparatus or\nfurnishings therefor, and in anticipation of the issuance of such bonds\nsuch city, town or village has issued a bond anticipation note or notes\nor has otherwise contracted indebtedness to be paid from the proceeds of\nsuch bonds, and prior to the issuance of such bonds and the payment of\nsuch note or notes or other indebtedness, such sewer system has been\nconveyed or leased to the county pursuant to this section, the county\nmay issue its bonds for the object or purpose of paying such note or\nnotes or other indebtedness. The period of probable usefulness of the\nobject or purpose for which such bonds may be issued by the county\npursuant to this subdivision shall be the same as the period of probable\nusefulness specified in paragraph a of section 11.00 of the local\nfinance law for the object or purpose for which the bonds were\nauthorized by such city, town or village prior to such transfer. Such\nperiod shall be that which was in effect at the time of such transfer\nunless such period has been subsequently shortened, in which event the\nshorter period in effect at the time of the issuance of the bonds by the\ncounty shall apply. For the purposes of paragraphs b, b-1 and c of\nsection 21.00 of the local finance law, the date of the earliest bond\nanticipation note issued by such city, town or village shall be\nconsidered as the date of the earliest bond anticipation note issued in\nanticipation of the bonds issued by the county for the object or\npurpose. Except as herein provided, such bonds shall be authorized and\nissued by the county in accordance with the provisions of the local\nfinance law.\n c. If, at the time of such transfer, the city, town or village has\noutstanding bonds issued to finance the conveyed or leased sewer system\nproperty, the county may issue refunding bonds under and subject to the\nprovisions of section 90.10 of the local finance law or section 90.00 of\nthe local finance law, except, if the bonds to be refunded are refunding\nbonds, for paragraph I thereof, to pay the principal, interest and\nredemption premium of the bonds of the city, town or village of the\nbonds to be refunded, with savings to the county calculated as if the\nprincipal, interest and redemption premium on the bonds to be refunded\nwere to be considered bonds of the county.\n 13. The county legislature, and each city, town and village, are\nhereby authorized to adopt all such further acts and to take or direct\nall such additional proceedings as may be necessary or desirable to\neffectuate the purposes and intent of this section.\n 14. The county, cities, towns and villages may expend capital funds to\nconduct evaluations, surveys and analysis of county sewer facilities and\nthe sewer facilities of cities, towns and villages in the county which\nmay be useful in identifying whether or not the conveyance or lease of\nparticular city, town or village sewer facilities to the county would be\nin the public interest and in planning, structuring and negotiating a\nconveyance or lease of city, town or village facilities to the county,\nand the county may elect to reimburse such costs incurred by cities,\ntowns or villages and to allocate the costs thereof. All of such costs\nnot paid from current funds may be financed by the county as part of the\ncost of the acquisition of facilities by the county, irrespective of\nwhether any such acquisition is subsequently completed.\n 15. The provisions of section one hundred nineteen-o of the general\nmunicipal law shall apply to sewer system consolidation agreements made\nunder this section, except that, irrespective of the term limits set\nforth in section one hundred nineteen-o of the general municipal law,\nsuch agreements may have terms which extend for up to fifty years and\nwhich may be renewed periodically as provided therein for a term not\nexceeding fifty years. The expiration of any such agreements shall not\naffect actions completed under such agreements, including the conveyance\nor lease of property or any change in the status of employees\ntransferred to the county pursuant thereto. This section does not\nreplace or diminish the authority of the county and cities, towns and\nvillages in the county to make agreements under section one hundred\nnineteen-o of the general municipal law in addition to the sewer system\nconsolidation agreements authorized by this section.\n