2023 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.