NY Cty L § 279-D (2021)
2021 New York Laws CNT - County Article 5-A - County Water, Sewer, Drainage and Refuse Districts 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.