N.Y. County Law § 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...

§ 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 system property and the establishment of certain county sewer

districts, extensions or special transitional zones of assessment in the

county of Westchester. 1. As used in this section, the following terms

shall have the following meanings:

a. "Charter" shall mean the charter and administrative code of the

county of Westchester.

b. "City, town or village" shall mean the city of New Rochelle, town

of Mamaroneck or villages of Larchmont or Pelham Manor in the county of

Westchester.

c. "Commissioner of finance" shall mean the commissioner of finance of

the county of Westchester.

d. "Commissioner of environmental facilities" shall mean the

commissioner of environmental facilities of the county of Westchester.

e. "County" shall mean the county of Westchester, including when

acting on behalf of a county sewer district.

f. "County legislature" shall mean the county legislature of the

county of Westchester.

g. "Governing board of a city, town or village in the county of

Westchester" shall mean the finance board as such term is defined in

section 2.00 of the local finance law.

h. "Sewer system" shall include sewage collection or conveyance

facilities, treatment or disposal plants, buildings, land and rights in

land, furnishings, equipment, machinery and apparatus, appurtenant

facilities, all moneys on hand collected or received for the purposes of

such sewer system, and all other items of property, either real or

personal or mixed, acquired for or incidental to such sewer system,

provided that no such property shall be located outside the boundaries

of the county's New Rochelle sanitary sewer district.

i. "Sewer system consolidation agreement" shall mean an agreement

between the county and a city, town or village whereby such city, town

or village shall convey or lease sewer system property to the county for

operation, maintenance or improvement by the county described in

subdivision two of this section.

j. "Special transitional zone of assessment" shall mean a zone of

assessment within the county's New Rochelle sanitary sewer district

established to allocate all or a portion of the costs of facilitating a

conveyance or lease of sewer system property by a city, town or village

to the county and a transfer of responsibilities for the operation,

maintenance and improvement thereof to the county sewer district. A

special transitional zone of assessment may overlap all or portions of

any zone of assessment established in the county's New Rochelle sanitary

sewer district to allocate the costs of the operation, maintenance and

improvement of the county's trunk sewers and wastewater treatment plants

and related facilities.

k. "Town sewer district" shall mean a sewer district governed by the

provisions of articles twelve or twelve-A of the town law or a benefited

area established to provide a sewer improvement pursuant to articles

three-A or twelve-C of such law.

l. "Village sewer district" shall mean a sewer district governed by

the provisions of article fourteen and section 17-1718 of the village

law.

2. Notwithstanding the provisions of any general, special or local

law, the county and a city, town or village may enter into, and take the

actions necessary to implement, sewer system consolidation agreements

under this section to facilitate the conveyance or lease to the county

of sewer system property and the transfer to the county of the

responsibilities of operation, maintenance and improvement of sewer

system property. Sewer system consolidation agreements shall include the

following provisions:

a. an identification of the sewer system property of the city, town or

village to be conveyed or leased to the county, the consideration, if

any, for such conveyance or lease and the conditions, if any, under

which the conveyance or lease could be reversed or canceled;

b. a description of any improvements of such property to be made by

the county, the estimated cost thereof and the plan for financing such

improvements;

c. determinations of whether the county shall undertake to establish

special transitional zones of assessment under terms and conditions as

may be agreed upon, and shall include a description and estimate of the

costs to be allocated to the special transitional zone of assessment and

a description of whether the costs allocated thereto shall be levied in

the same manner as other county charges or in the manner described in

section two hundred seventy or section two hundred seventy-one of this

article, and if pursuant to section two hundred seventy-one, whether and

under what circumstances such manner of levy is expected to be changed;

d. determinations of whether the county shall make a payment or

payments to the city, town or village in respect of city, town or

village debt service on indebtedness issued to finance sewer system

properties or whether the county may finance the cost of acquisition of

sewer system properties from cities, towns or villages through the

issuance of bonds or notes in accordance with the local finance law, and

in either case whether the city, town or village shall establish funds

to receive all or a portion of the proceeds thereof, as may be necessary

or convenient to facilitate such payments or as may be required by

section six-l of the general municipal law, and whether the city, town

or village shall call outstanding bonds for redemption at such times and

under such conditions as may be agreed to;

e. determinations of whether and to what extent the county and the

city, town or village shall indemnify each other for liabilities for

work performed or existing conditions;

f. determinations of whether employees of the city, town or village

shall be transferred to the county and become county employees under

such terms and conditions as such employees and the parties may agree,

subject to the rights and privileges of such employees under labor

agreements and applicable law, and whether employees of cities, towns

and villages not so transferred to the county may continue to be

employed by such cities, towns and villages to provide services to the

county sewer district under such terms as may be agreed upon;

g. estimates of capital cost of the sewer system property conveyed or

leased, which may include planning, design, acquisition and construction

costs of such property and improvements thereto, the costs of

preparation of reports described in subdivision three of this section

and the sewer system consolidation agreement, and any other expenses

incurred in furtherance of the making of the sewer system consolidation

agreement, and the amounts of the capital cost to be charged against

properties in a special transitional zone of assessment, to be paid by

the county through a county sewer district or to be paid by the city,

town or village;

h. estimates of the operating expenses of the property conveyed or

leased under the sewer system consolidation agreement, and a statement

of the portions of the operating expenses to be annually charged against

properties in a special transitional zone of assessment, to be paid by

the county through a county sewer district or to be paid by the city,

town or village;

i. terms describing the actions necessary to amend the sewer system

consolidation agreement; and

j. terms describing the conditions under which the sewer system

consolidation agreement may be extended.

3. A city, town or village may prepare and furnish to the county a

report containing a map and a general description of the sewer system

property which is proposed to be leased or conveyed and a description of

its current condition. The report shall include the terms of any

outstanding indebtedness issued to finance acquisition or improvement of

such sewer system property and such additional information relevant to

the assessment of the costs of operation, maintenance and improvement of

such sewer system property as the county may request. Upon presentation

of such report the county legislature may refer the same to the

commissioner of environmental facilities for a plan and report with

respect thereto. If the county legislature refers the report to the

commissioner of environmental facilities, said commissioner shall

thereupon prepare and furnish to the county legislature a plan and

report describing capital improvements, if any, to such sewer system

property which the commissioner of environmental facilities recommends

be undertaken following its conveyance or lease to the county. This plan

and report shall include the estimated costs thereof, together with an

estimate of the operating and maintenance costs of such property. The

plan and report shall also contain such other data and information as

shall have been requested by the county legislature or as may be

determined by the commissioner of environmental facilities to be

appropriate under the circumstances. Upon review of the plan and report,

the county legislature may, if a majority of the county legislature

approves the plan and report, authorize the preparation of a draft sewer

system consolidation agreement and direct that such plan and report be

furnished to the city, town or village. The county and the city, town or

village may then prepare a draft sewer system consolidation agreement.

The draft sewer system consolidation agreement shall be presented to and

approved as to form by the county legislature and the governing body of

the city, town or village prior to the calling of a hearing under

subdivisions seven and five of this section, respectively. Such draft

sewer system consolidation agreement shall not be binding nor shall it

be executed until after a public hearing and authorization by the county

legislature and the governing body of the city, town or village, as

provided for in subdivisions six and eight of this section.

4. In addition to existing authority to establish county sewer

districts or extensions, the county legislature, in furtherance of a

sewer system consolidation agreement, may establish a special

transitional zone of assessment in any county sewer district, and to the

extent such special transitional zone of assessment would fall in whole

or in part outside any county sewer district, may coincidentally

establish a county sewer district encompassing such area or extend an

existing county sewer district to encompass such area, in the manner

hereinafter provided. Each special transitional zone of assessment

shall have boundaries coterminous with the area provided with a sewer

system by any city, town or village, for the purpose of facilitating the

conveyance or lease to the county all or a portion of the property of

cities, towns or villages relating to the collection and conveyance of

sewage to county trunk sewers and the transfer of all or a portion of

the responsibilities for the operation, maintenance and improvement

thereof.

5. Following the approval of a draft sewer system consolidation

agreement, the governing body of the city, town or village shall hold a

public hearing on the draft sewer system consolidation agreement. Such

public hearing shall be called by such governing body, which shall

direct that notice thereof be published and posted not less than

fourteen days prior to the date set for such hearing. Such notice shall

be given, in the case of towns, in the manner prescribed in section one

hundred ninety-three of the town law, and in the case of cities and

villages, in the manner prescribed for general elections. Such notice

shall state in general terms that it is proposed to petition the county

legislature to enter into a sewer system consolidation agreement and, if

contemplated by the sewer system consolidation agreement, to establish

or extend a county sewer district or establish a special transitional

zone of assessment for the purpose of facilitating the conveyance or

lease of property to the county and its operation, maintenance and

improvement of such property, as set forth in the draft sewer system

consolidation agreement. Such notice shall generally identify the

particular sewer system proposed to be conveyed or leased, the proposed

improvements thereto, if any, and the estimated maximum cost thereof,

and shall describe the boundaries of the proposed, district, extension

or special transitional zone of assessment in a manner sufficient to

permit definite and conclusive identification of all parcels of property

included therein. Such notice shall also state where the draft sewer

system consolidation agreement is available for public inspection, and

shall set forth the time when and place where such hearing shall be

held.

6. If the governing board shall decide, after such public hearing and

upon the evidence given thereat, that it is in the public interest to

petition the county legislature to enter into the sewer system

consolidation agreement pursuant to this section, it shall authorize the

chief executive officer as that term is defined in the local finance

law, as the case may be, to:

a. execute such petition and file the same with the clerk of the

county legislature; and

b. execute the sewer system consolidation agreement, if the county

elects to enter into the sewer system consolidation agreement.

Such petition shall generally identify the particular sewer system

proposed to be conveyed or leased and shall describe the boundaries of

the area served thereby in a manner sufficient to permit definite and

conclusive identification of all parcels of property included therein.

7. Upon receipt of such petition and after the approval of the form of

the draft sewer system consolidation agreement, the county legislature

may call a public hearing to enter into the sewer system consolidation

agreement and, if contemplated thereby, to establish a special

transitional zone of assessment or establish or extend a county sewer

district. Notice of such public hearing shall be given not less than

fourteen days prior to the date of the hearing in the manner prescribed

in section two hundred fifty-four of this article. In addition, a copy

of such notice shall be served upon or mailed to the city, town or

village which presented such petition not less than fourteen days prior

to the day set therein for such hearing. Such notice shall contain:

a. a general description of the sewer system property proposed to be

conveyed or leased;

b. a description of the boundaries of any proposed district, extension

or special transitional zone of assessment in a manner sufficient to

permit definite and conclusive identification of all parcels of property

included therein;

c. the estimated maximum amount to be expended for proposed

improvements;

d. a statement of the proposed manner of assessing costs allocable to

the special transitional zone of assessment, indicating whether it is

proposed to levy assessments pursuant to the charter in the same manner

as county charges or as described in section two hundred seventy or

section two hundred seventy-one of this article;

e. a statement of whether and to what extent the county sewer district

will assume the payment of outstanding obligations, contracts and other

indebtedness of the city, town or village for the purposes of or in

relation to the sewer system proposed to be conveyed or leased;

f. shall state where the draft sewer system consolidation agreement is

available for public inspection; and

g. shall specify the time when and place where the county legislature

will meet to consider the matter and to hear all parties interested

therein concerning the same.

8. If, based upon the evidence presented at such public hearing and

after due consideration of the petition, the plan and report of the

commissioner of environmental facilities and other data provided to it,

the county legislature shall determine that it is in the public interest

to enter into the sewer system consolidation agreement, it shall by

majority vote adopt an act authorizing the execution of the sewer system

consolidation agreement. If the county legislature shall determine that

it is not in the public interest to enter into the sewer system

consolidation agreement, it shall adopt an act so stating and

terminating the proceedings with respect thereto. The parties to a sewer

system consolidation agreement may from time to time amend the sewer

system consolidation agreement, provided that, if an amendment would a.

increase the estimated capital cost to be assessed against properties in

a special transitional zone of assessment for the improvements proposed

in the sewer system consolidation agreement; b. increase the share of

operation and maintenance costs to be annually assessed against a

special transitional zone of assessment; or c. eliminate from or add

parcels to a special transitional zone of assessment, the amendment may

be authorized only after public hearings held by each party in the same

manner as the original sewer system consolidation agreement following

determinations by the parties that such amendment is in the public

interest after hearings held as required for the original sewer system

consolidation agreement. Nothing in this section shall modify the

special acts of the legislature and local laws of the county of

Westchester governing county sewer districts and the assessments made

and taxes levied in connection therewith, and the county of Westchester

may continue to operate county sewer districts in conformity therewith,

irrespective of whether the county sewer district has undertaken to own,

operate, maintain or improve sewers which are not trunk sewers pursuant

to this section or otherwise undertakes to provide sewage collection and

conveyance facilities in addition to trunk sewers.

9. As part of the implementation of the sewer system consolidation

agreement, the county may adopt an act to establish a special

transitional zone of assessment or establish or extend a county sewer

district, which act shall include the following:

a. an accurate description of the boundaries of any such district,

extension, or special transitional zone of assessment in a manner

sufficient to permit definite and conclusive identification of all

parcels of property included therein, provided, however, if such

district, extension or special transitional zone of assessment is

coterminous with a city, town or village it shall be a sufficient

compliance with this paragraph to so state without describing the

boundaries of such city, town or village;

b. a general description of the sewer system property to be conveyed

or leased to the county in accordance with the sewer system

consolidation agreement;

c. a determination as to whether assessments for district purposes

will be levied pursuant to the charter in the same manner as county

charges or as described in section two hundred seventy or section two

hundred seventy-one of this article in accordance with the notice of the

public hearing held pursuant to subdivision seven of this section;

d. a determination as to the effective date or dates for the

conveyance or lease of the property described in accordance with

paragraph b of this subdivision, having due regard to the fiscal year of

the county and the city, town or village concerned and the availability

of funds for the operation, maintenance and improvement of the sewer

system by the county;

e. a determination assuming responsibility for the payment of all or

the agreed portion of all obligations, contracts and other indebtedness

of the city, town or village, as the case may be, incurred for the

purposes of or in relation to the sewer system property to be conveyed

or leased which shall be outstanding as of the effective date of such

conveyance or lease, the exact amount and details thereof to be subject

to future determination by agreement in such manner as may be provided

therein; and

f. such other terms, conditions and provisions with respect to the

establishment of such district and such conveyance or lease, not

inconsistent with the provisions of this section, as the county

legislature may determine to be necessary or desirable under the

circumstances.

10. The clerk of the county legislature, within ten days after the

adoption thereof, shall file a certified copy of such act with the clerk

of the city, town or village concerned, who shall present the same to

the governing board at the next meeting thereof. Such governing board

shall thereupon proceed to adopt such resolutions or ordinances and take

such other action as shall be necessary or convenient to effectuate a

conveyance or lease of sewer system property to the county in accordance

with the provisions of this section and such act. In addition, in the

case of a town or a village sewer district, and if so provided in an

agreement with the county, the governing board may adopt an order

dissolving such district effective as of the date of such conveyance or

lease, a certified copy of which shall be recorded in the office of the

county clerk, or, if such district is not to be dissolved, the governing

board may adopt an order describing the remaining functions and

responsibilities of the district.

11. All or an agreed upon portion of assessments levied by, or fees,

rates, rents or other charges due or moneys owing to a city, town or

village with respect to any sewer system and remaining unpaid as of the

effective date of the conveyance or lease thereof to a county district

pursuant to this section shall be collected by the city, town or village

concerned in the same manner as if such conveyance or lease had not been

made, and upon receipt shall be paid over to the county commissioner of

finance to be applied for the purposes of such county sewer district.

12. a. The principal of and interest on all outstanding bonds and

notes of a city, town or village issued to pay all or part of the cost

of any sewer system conveyed or leased to a county district pursuant to

this section shall continue to be paid when due by such city, town or

village, and, if a sewer system consolidation agreement with the county

so provides, from moneys provided for such purpose by the county from

county district funds raised or appropriated therefor. If the county has

agreed to make such payments, the county commissioner of finance shall

from time to time pay such moneys to the fiscal officer of such city,

town or village sufficiently in advance to permit the payment of all or

the agreed upon portion of such principal and interest when due. All

other obligations and contract liabilities of a city, town or village

assumed by the county in a sewer system consolidation agreement shall be

paid directly from funds of the county in the same manner as other

county sewer district claims.

b. If bonds have been authorized by a city, town or village pursuant

to the local finance law to pay all or a part of the cost of the

acquisition, construction or reconstruction of or addition to a sewer

system or the replacement of equipment, machinery, apparatus or

furnishings therefor, and in anticipation of the issuance of such bonds

such city, town or village has issued a bond anticipation note or notes

or has otherwise contracted indebtedness to be paid from the proceeds of

such bonds, and prior to the issuance of such bonds and the payment of

such note or notes or other indebtedness, such sewer system has been

conveyed or leased to the county pursuant to this section, the county

may issue its bonds for the object or purpose of paying such note or

notes or other indebtedness. The period of probable usefulness of the

object or purpose for which such bonds may be issued by the county

pursuant to this subdivision shall be the same as the period of probable

usefulness specified in paragraph a of section 11.00 of the local

finance law for the object or purpose for which the bonds were

authorized by such city, town or village prior to such transfer. Such

period shall be that which was in effect at the time of such transfer

unless such period has been subsequently shortened, in which event the

shorter period in effect at the time of the issuance of the bonds by the

county shall apply. For the purposes of paragraphs b, b-1 and c of

section 21.00 of the local finance law, the date of the earliest bond

anticipation note issued by such city, town or village shall be

considered as the date of the earliest bond anticipation note issued in

anticipation of the bonds issued by the county for the object or

purpose. Except as herein provided, such bonds shall be authorized and

issued by the county in accordance with the provisions of the local

finance law.

c. If, at the time of such transfer, the city, town or village has

outstanding bonds issued to finance the conveyed or leased sewer system

property, the county may issue refunding bonds under and subject to the

provisions of section 90.10 of the local finance law or section 90.00 of

the local finance law, except, if the bonds to be refunded are refunding

bonds, for paragraph I thereof, to pay the principal, interest and

redemption premium of the bonds of the city, town or village of the

bonds to be refunded, with savings to the county calculated as if the

principal, interest and redemption premium on the bonds to be refunded

were to be considered bonds of the county.

13. The county legislature, and each city, town and village, are

hereby authorized to adopt all such further acts and to take or direct

all such additional proceedings as may be necessary or desirable to

effectuate the purposes and intent of this section.

14. The county, cities, towns and villages may expend capital funds to

conduct evaluations, surveys and analysis of county sewer facilities and

the sewer facilities of cities, towns and villages in the county which

may be useful in identifying whether or not the conveyance or lease of

particular city, town or village sewer facilities to the county would be

in the public interest and in planning, structuring and negotiating a

conveyance or lease of city, town or village facilities to the county,

and the county may elect to reimburse such costs incurred by cities,

towns or villages and to allocate the costs thereof. All of such costs

not paid from current funds may be financed by the county as part of the

cost of the acquisition of facilities by the county, irrespective of

whether any such acquisition is subsequently completed.

15. The provisions of section one hundred nineteen-o of the general

municipal law shall apply to sewer system consolidation agreements made

under this section, except that, irrespective of the term limits set

forth in section one hundred nineteen-o of the general municipal law,

such agreements may have terms which extend for up to fifty years and

which may be renewed periodically as provided therein for a term not

exceeding fifty years. The expiration of any such agreements shall not

affect actions completed under such agreements, including the conveyance

or lease of property or any change in the status of employees

transferred to the county pursuant thereto. This section does not

replace or diminish the authority of the county and cities, towns and

villages in the county to make agreements under section one hundred

nineteen-o of the general municipal law in addition to the sewer system

consolidation agreements authorized by this section.