Section 279-D. Water districts in the county of Westchester


Latest version.
  • 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.