N.Y. County Law § 279-d: Water districts in the county of Westchester

§ 279-d. Water districts in the county of Westchester. 1.

Notwithstanding the provisions of any other law to the contrary, county

Water District number two in the county of Westchester, acting through

its administrative head, is hereby authorized and empowered, from time

to time, to enter into or amend, supplement, modify, change or extend

agreements, including but not limited to, contracts, leases, rental or

management agreements with, or grant licenses, permits, concessions or

any other authorizations to the Northern Westchester joint water works

upon such terms and conditions as may be agreed upon by the

administrative head with the approval of the county legislature of the

county for a term not to exceed the remaining life of any outstanding

indebtedness of said district, wherein such entity is granted the right

to construct, operate, maintain, use, manage, occupy, lease, own, or any

of them, all or part of certain facilities it or the district owns or

will own and to carry on activities or furnish services, in whole or in

part relative to the manner of water provision, treatment or

distribution for it or the district in sites approved by it or the

district which may be owned by it or the district.

2. The term "Northern Westchester joint water works" shall mean the

joint water works established by the town of Cortlandt, the town of

Yorktown, and the Montrose improvement district pursuant to chapter 654

of the laws of 1927 and the town of Somers, which will become a member

pursuant to agreement amongst it and the existing members.

3. The county legislature of the county of Westchester is hereby

authorized to reduce or dissolve county Water District number two

following the adoption of a resolution calling a public hearing. The

clerk of the county legislature shall cause a notice of public hearing

to be published at least once in the official newspapers of the county

and in such other newspapers having a general circulation in the

proposed district as the board may direct, the first publications

thereof to be not less than ten nor more than twenty days before the day

set therein for such hearing. The notice of hearing shall specify the

time when and the place where such hearing will be held, as well as a

description or depiction of the boundaries of the district to be

dissolved or a description or depiction of the parcels to be removed.

(a) Removal. The county legislature may remove one or more parcels

from county Water District number two upon its own motion and without

petition, following a public hearing and a factual determination by the

county legislature that such parcels to be removed are not benefited by

inclusion in the district. For parcels which have received water service

through Water District number two, a factual determination by the county

legislature that alternative water service is or shall be provided to

said parcel by a city, one or more towns through districts or

improvement areas, a joint water works, a village, or a combination

thereof shall be a sufficient basis for a finding that a particular

parcel is not benefited by inclusion in county Water District number

two.

Following removal of parcels of county Water District number two, such

parcels shall no longer remain subject to assessment for the payment of

principal and interest on indebtedness previously issued to finance

improvements for the district.

(b) Dissolution. The county legislature may dissolve and discontinue

county Water District number two upon its own motion and without

petition, following a public hearing and a factual determination by the

county legislature that alternative water service is or shall be

provided to said district by a city, one or more towns through districts

or improvement areas, a joint water works, a village, or a combination

thereof. The county legislature shall delay the effective date of

dissolution of county Water District number two until the payment of all

outstanding county indebtedness issued for the benefit of such district

or until the establishment of a reserve fund of the county for such

payment pursuant to section six-l of the general municipal law in an

amount at least equal to the remaining outstanding principal amount of

such indebtedness. Any determination to dissolve county Water District

number two under this section shall be revocable by the county

legislature until the effective date thereof.

Following dissolution of Water District number two, such parcels shall

no longer remain subject to assessment for the payment of principal and

interest on indebtedness previously issued to finance improvements for

the district.

4. Upon dissolution of county Water District number two, the county

legislature may lease, agree to convey and convey all of its right,

title and interest to any water provision, treatment and distribution

facilities owned by or operated for county Water District number two to

the Northern Westchester joint water works. Any such lease shall provide

that the rent shall include an amount sufficient to pay principal and

interest on county indebtedness issued for the benefit of county Water

District number two. Transfer of title pursuant to such conveyance may

occur only following the earlier of payment of all of the indebtedness

of the county issued for the benefit of county Water District number

two, or the establishment of a reserve fund of the county for such

payment pursuant to section six-l of the general municipal law in an

amount at least equal to the remaining outstanding principal amount of

such indebtedness.

5. Any agreement to convey or conveyance shall require the approval of

the county legislature (and the county's compliance with section two

hundred seventy-five of this article), the Northern Westchester joint

water works (and such entity's compliance with section nineteen of

chapter six hundred fifty-four of the laws of nineteen hundred

twenty-seven), and the entities comprising the Northern Westchester

joint water works (in the manner provided in section two hundred two-b

of the town law).

6. On the effective date of the lease or conveyance of all of the

water provision, treatment and distribution facilities owned by or

operated for county Water District number two of the county to the

Northern Westchester joint water works, officers and employees employed

at such facilities shall be identified in an agreement between the

Northern Westchester joint water works and the county and shall become

officers and employees of the Northern Westchester joint water works

with equivalent offices, positions and employment therewith and shall

thereafter be deemed public officers of public employees for all

purposes.

(a) Any person who, at the time he or she becomes an officer or

employee of the Northern Westchester joint water works pursuant to this

section, has a temporary or provisional appointment shall be transferred

subject to the same right of removal, examination or termination as

though such transfer had not been made except to the extent such rights

are modified by a collective bargaining agreement. There shall be no

layoffs of any former officers or employees employed in the water

provision, treatment and distribution facilities owned by or operated

for water district number two of the county who become officers or

employees of the Northern Westchester joint water works pursuant to this

section which are a direct consequence of the enactment of this section.

(b) Northern Westchester joint water works shall be subject to the

civil service law. Northern Westchester joint water works shall

recognize the existing certified or recognized employee organizations

for those persons who become employees of the Northern Westchester joint

water works pursuant to this section as the exclusive collective

bargaining representatives for such employees, who shall comprise

correspondingly new collective bargaining units. Northern Westchester

joint water works shall be bound by all existing collective bargaining

agreements with such employee organizations; all existing terms and

conditions of employment shall remain in effect until altered by the

terms of a successor contract; successor employees to the positions held

by such employees shall, consistent with the provisions of article

fourteen of the civil service law, be included in the same unit as their

predecessors. Employees serving in positions in newly created titles

shall be assigned to the appropriate bargaining unit. Nothing contained

herein shall be construed to affect the rights of employees pursuant to

a collective bargaining agreement, the representational relationships

among employee organizations or the bargaining relationships between the

county, state and an employee organization, or existing law with respect

to an application to the public employment relations board seeking

designation by the board that certain persons are managerial or

confidential. Nothing herein shall preclude the merger of negotiating

units of employees with the consent of the recognized or certified

representative of such units. The salary or compensation of any such

officer or employee after such transfer, shall be paid by Northern

Westchester joint water works. Northern Westchester joint water works

shall, upon transfer, acknowledge and give credit for all leave balances

held by such officers and employees on the date of transfer.

(c) Notwithstanding the provisions of any other state or local law to

the contrary, Northern Westchester joint water works shall indemnify and

hold harmless the county, and provide defense, for all claims, cases,

proceedings, actions or other matters against the county arising out of

the properties, facilities, operations or employees of Northern

Westchester joint water works, commenced after the effective date of the

lease or conveyance of all of the water provision, treatment and

distribution facilities owned by or operated for water district number

two of the county, and to provide such other security for this

obligation as the county may require.

(d) Notwithstanding the provisions of any other state or local law to

the contrary, on the effective date of the lease or conveyance of all of

the water provision, treatment and distribution facilities owned by or

operated for water district number two of the county to the Northern

Westchester joint water works, Northern Westchester joint water works

shall be solely responsible for compliance with all laws, rules and

regulations applicable to operation and maintenance of said facilities,

and shall indemnify and hold harmless the county, and provide defense,

for all claims, cases, proceedings, actions or other matters against the

county arising out of the failure of Northern Westchester joint water

works to so comply.