§ 279-D — Water districts in the county of Westchester

New York § 279-D

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

Text

§ 279-d. Water districts in the county of Westchester. 1.\nNotwithstanding the provisions of any other law to the contrary, county\nWater District number two in the county of Westchester, acting through\nits administrative head, is hereby authorized and empowered, from time\nto time, to enter into or amend, supplement, modify, change or extend\nagreements, including but not limited to, contracts, leases, rental or\nmanagement agreements with, or grant licenses, permits, concessions or\nany other authorizations to the Northern Westchester joint water works\nupon such terms and conditions as may be agreed upon by the\nadministrative head with the approval of the county legislature of the\ncounty for a term not to exceed the remaining life of any outstanding\nindebtedness of said district, wherein such entity is granted the right\nto construct, operate, maintain, use, manage, occupy, lease, own, or any\nof them, all or part of certain facilities it or the district owns or\nwill own and to carry on activities or furnish services, in whole or in\npart relative to the manner of water provision, treatment or\ndistribution for it or the district in sites approved by it or the\ndistrict which may be owned by it or the district.\n 2. The term "Northern Westchester joint water works" shall mean the\njoint water works established by the town of Cortlandt, the town of\nYorktown, and the Montrose improvement district pursuant to chapter 654\nof the laws of 1927 and the town of Somers, which will become a member\npursuant to agreement amongst it and the existing members.\n 3. The county legislature of the county of Westchester is hereby\nauthorized to reduce or dissolve county Water District number two\nfollowing the adoption of a resolution calling a public hearing. The\nclerk of the county legislature shall cause a notice of public hearing\nto be published at least once in the official newspapers of the county\nand in such other newspapers having a general circulation in the\nproposed district as the board may direct, the first publications\nthereof to be not less than ten nor more than twenty days before the day\nset therein for such hearing. The notice of hearing shall specify the\ntime when and the place where such hearing will be held, as well as a\ndescription or depiction of the boundaries of the district to be\ndissolved or a description or depiction of the parcels to be removed.\n (a) Removal. The county legislature may remove one or more parcels\nfrom county Water District number two upon its own motion and without\npetition, following a public hearing and a factual determination by the\ncounty legislature that such parcels to be removed are not benefited by\ninclusion in the district. For parcels which have received water service\nthrough Water District number two, a factual determination by the county\nlegislature that alternative water service is or shall be provided to\nsaid parcel by a city, one or more towns through districts or\nimprovement areas, a joint water works, a village, or a combination\nthereof shall be a sufficient basis for a finding that a particular\nparcel is not benefited by inclusion in county Water District number\ntwo.\n Following removal of parcels of county Water District number two, such\nparcels shall no longer remain subject to assessment for the payment of\nprincipal and interest on indebtedness previously issued to finance\nimprovements for the district.\n (b) Dissolution. The county legislature may dissolve and discontinue\ncounty Water District number two upon its own motion and without\npetition, following a public hearing and a factual determination by the\ncounty legislature that alternative water service is or shall be\nprovided to said district by a city, one or more towns through districts\nor improvement areas, a joint water works, a village, or a combination\nthereof. The county legislature shall delay the effective date of\ndissolution of county Water District number two until the payment of all\noutstanding county indebtedness issued for the benefit of such district\nor until the establishment of a reserve fund of the county for such\npayment pursuant to section six-l of the general municipal law in an\namount at least equal to the remaining outstanding principal amount of\nsuch indebtedness. Any determination to dissolve county Water District\nnumber two under this section shall be revocable by the county\nlegislature until the effective date thereof.\n Following dissolution of Water District number two, such parcels shall\nno longer remain subject to assessment for the payment of principal and\ninterest on indebtedness previously issued to finance improvements for\nthe district.\n 4. Upon dissolution of county Water District number two, the county\nlegislature may lease, agree to convey and convey all of its right,\ntitle and interest to any water provision, treatment and distribution\nfacilities owned by or operated for county Water District number two to\nthe Northern Westchester joint water works. Any such lease shall provide\nthat the rent shall include an amount sufficient to pay principal and\ninterest on county indebtedness issued for the benefit of county Water\nDistrict number two. Transfer of title pursuant to such conveyance may\noccur only following the earlier of payment of all of the indebtedness\nof the county issued for the benefit of county Water District number\ntwo, or the establishment of a reserve fund of the county for such\npayment pursuant to section six-l of the general municipal law in an\namount at least equal to the remaining outstanding principal amount of\nsuch indebtedness.\n 5. Any agreement to convey or conveyance shall require the approval of\nthe county legislature (and the county's compliance with section two\nhundred seventy-five of this article), the Northern Westchester joint\nwater works (and such entity's compliance with section nineteen of\nchapter six hundred fifty-four of the laws of nineteen hundred\ntwenty-seven), and the entities comprising the Northern Westchester\njoint water works (in the manner provided in section two hundred two-b\nof the town law).\n 6. On the effective date of the lease or conveyance of all of the\nwater provision, treatment and distribution facilities owned by or\noperated for county Water District number two of the county to the\nNorthern Westchester joint water works, officers and employees employed\nat such facilities shall be identified in an agreement between the\nNorthern Westchester joint water works and the county and shall become\nofficers and employees of the Northern Westchester joint water works\nwith equivalent offices, positions and employment therewith and shall\nthereafter be deemed public officers of public employees for all\npurposes.\n (a) Any person who, at the time he or she becomes an officer or\nemployee of the Northern Westchester joint water works pursuant to this\nsection, has a temporary or provisional appointment shall be transferred\nsubject to the same right of removal, examination or termination as\nthough such transfer had not been made except to the extent such rights\nare modified by a collective bargaining agreement. There shall be no\nlayoffs of any former officers or employees employed in the water\nprovision, treatment and distribution facilities owned by or operated\nfor water district number two of the county who become officers or\nemployees of the Northern Westchester joint water works pursuant to this\nsection which are a direct consequence of the enactment of this section.\n (b) Northern Westchester joint water works shall be subject to the\ncivil service law. Northern Westchester joint water works shall\nrecognize the existing certified or recognized employee organizations\nfor those persons who become employees of the Northern Westchester joint\nwater works pursuant to this section as the exclusive collective\nbargaining representatives for such employees, who shall comprise\ncorrespondingly new collective bargaining units. Northern Westchester\njoint water works shall be bound by all existing collective bargaining\nagreements with such employee organizations; all existing terms and\nconditions of employment shall remain in effect until altered by the\nterms of a successor contract; successor employees to the positions held\nby such employees shall, consistent with the provisions of article\nfourteen of the civil service law, be included in the same unit as their\npredecessors. Employees serving in positions in newly created titles\nshall be assigned to the appropriate bargaining unit. Nothing contained\nherein shall be construed to affect the rights of employees pursuant to\na collective bargaining agreement, the representational relationships\namong employee organizations or the bargaining relationships between the\ncounty, state and an employee organization, or existing law with respect\nto an application to the public employment relations board seeking\ndesignation by the board that certain persons are managerial or\nconfidential. Nothing herein shall preclude the merger of negotiating\nunits of employees with the consent of the recognized or certified\nrepresentative of such units. The salary or compensation of any such\nofficer or employee after such transfer, shall be paid by Northern\nWestchester joint water works. Northern Westchester joint water works\nshall, upon transfer, acknowledge and give credit for all leave balances\nheld by such officers and employees on the date of transfer.\n (c) Notwithstanding the provisions of any other state or local law to\nthe contrary, Northern Westchester joint water works shall indemnify and\nhold harmless the county, and provide defense, for all claims, cases,\nproceedings, actions or other matters against the county arising out of\nthe properties, facilities, operations or employees of Northern\nWestchester joint water works, commenced after the effective date of the\nlease or conveyance of all of the water provision, treatment and\ndistribution facilities owned by or operated for water district number\ntwo of the county, and to provide such other security for this\nobligation as the county may require.\n (d) Notwithstanding the provisions of any other state or local law to\nthe contrary, on the effective date of the lease or conveyance of all of\nthe water provision, treatment and distribution facilities owned by or\noperated for water district number two of the county to the Northern\nWestchester joint water works, Northern Westchester joint water works\nshall be solely responsible for compliance with all laws, rules and\nregulations applicable to operation and maintenance of said facilities,\nand shall indemnify and hold harmless the county, and provide defense,\nfor all claims, cases, proceedings, actions or other matters against the\ncounty arising out of the failure of Northern Westchester joint water\nworks to so comply.\n