N.Y.
County Law Section 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 General Municipal Law § 6-L (Mandatory reserve fund for municipal corporations, fire districts and school districts)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 General Municipal Law § 6-L (Mandatory reserve fund for municipal corporations, fire districts and school districts)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 § 275 (Sale of water district facilities)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 Town Law § 202-B (Increase or improvement of facilities)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.
Source:
Section 279-D — Water districts in the county of Westchester, https://www.nysenate.gov/legislation/laws/CNT/279-D (updated Sep. 22, 2014; accessed Apr. 20, 2024).
