Legislation

§ 277-a. Conveyance or lease to the county of Westchester by a city,
town or village in the county's New Rochelle sanitary sewer district of
sewer system property and the establishment of certain county sewer
districts, extensions or special transitional zones of assessment in the
county of Westchester. 1. As used in this section, the following terms
shall have the following meanings:

a. "Charter" shall mean the charter and administrative code of the
county of Westchester.

b. "City, town or village" shall mean the city of New Rochelle, town
of Mamaroneck or villages of Larchmont or Pelham Manor in the county of
Westchester.

c. "Commissioner of finance" shall mean the commissioner of finance of
the county of Westchester.

d. "Commissioner of environmental facilities" shall mean the
commissioner of environmental facilities of the county of Westchester.

e. "County" shall mean the county of Westchester, including when
acting on behalf of a county sewer district.

f. "County legislature" shall mean the county legislature of the
county of Westchester.

g. "Governing board of a city, town or village in the county of
Westchester" shall mean the finance board as such term is defined in
section 2.00 of the local finance law.

h. "Sewer system" shall include sewage collection or conveyance
facilities, treatment or disposal plants, buildings, land and rights in
land, furnishings, equipment, machinery and apparatus, appurtenant
facilities, all moneys on hand collected or received for the purposes of
such sewer system, and all other items of property, either real or
personal or mixed, acquired for or incidental to such sewer system,
provided that no such property shall be located outside the boundaries
of the county's New Rochelle sanitary sewer district.

i. "Sewer system consolidation agreement" shall mean an agreement
between the county and a city, town or village whereby such city, town
or village shall convey or lease sewer system property to the county for
operation, maintenance or improvement by the county described in
subdivision two of this section.

j. "Special transitional zone of assessment" shall mean a zone of
assessment within the county's New Rochelle sanitary sewer district
established to allocate all or a portion of the costs of facilitating a
conveyance or lease of sewer system property by a city, town or village
to the county and a transfer of responsibilities for the operation,
maintenance and improvement thereof to the county sewer district. A
special transitional zone of assessment may overlap all or portions of
any zone of assessment established in the county's New Rochelle sanitary
sewer district to allocate the costs of the operation, maintenance and
improvement of the county's trunk sewers and wastewater treatment plants
and related facilities.

k. "Town sewer district" shall mean a sewer district governed by the
provisions of articles twelve or twelve-A of the town law or a benefited
area established to provide a sewer improvement pursuant to articles
three-A or twelve-C of such law.

l. "Village sewer district" shall mean a sewer district governed by
the provisions of article fourteen and section 17-1718 of the village
law.

2. Notwithstanding the provisions of any general, special or local
law, the county and a city, town or village may enter into, and take the
actions necessary to implement, sewer system consolidation agreements
under this section to facilitate the conveyance or lease to the county
of sewer system property and the transfer to the county of the
responsibilities of operation, maintenance and improvement of sewer
system property. Sewer system consolidation agreements shall include the
following provisions:

a. an identification of the sewer system property of the city, town or
village to be conveyed or leased to the county, the consideration, if
any, for such conveyance or lease and the conditions, if any, under
which the conveyance or lease could be reversed or canceled;

b. a description of any improvements of such property to be made by
the county, the estimated cost thereof and the plan for financing such
improvements;

c. determinations of whether the county shall undertake to establish
special transitional zones of assessment under terms and conditions as
may be agreed upon, and shall include a description and estimate of the
costs to be allocated to the special transitional zone of assessment and
a description of whether the costs allocated thereto shall be levied in
the same manner as other county charges or in the manner described in
section two hundred seventy or section two hundred seventy-one of this
article, and if pursuant to section two hundred seventy-one, whether and
under what circumstances such manner of levy is expected to be changed;

d. determinations of whether the county shall make a payment or
payments to the city, town or village in respect of city, town or
village debt service on indebtedness issued to finance sewer system
properties or whether the county may finance the cost of acquisition of
sewer system properties from cities, towns or villages through the
issuance of bonds or notes in accordance with the local finance law, and
in either case whether the city, town or village shall establish funds
to receive all or a portion of the proceeds thereof, as may be necessary
or convenient to facilitate such payments or as may be required by
section six-l of the general municipal law, and whether the city, town
or village shall call outstanding bonds for redemption at such times and
under such conditions as may be agreed to;

e. determinations of whether and to what extent the county and the
city, town or village shall indemnify each other for liabilities for
work performed or existing conditions;

f. determinations of whether employees of the city, town or village
shall be transferred to the county and become county employees under
such terms and conditions as such employees and the parties may agree,
subject to the rights and privileges of such employees under labor
agreements and applicable law, and whether employees of cities, towns
and villages not so transferred to the county may continue to be
employed by such cities, towns and villages to provide services to the
county sewer district under such terms as may be agreed upon;

g. estimates of capital cost of the sewer system property conveyed or
leased, which may include planning, design, acquisition and construction
costs of such property and improvements thereto, the costs of
preparation of reports described in subdivision three of this section
and the sewer system consolidation agreement, and any other expenses
incurred in furtherance of the making of the sewer system consolidation
agreement, and the amounts of the capital cost to be charged against
properties in a special transitional zone of assessment, to be paid by
the county through a county sewer district or to be paid by the city,
town or village;

h. estimates of the operating expenses of the property conveyed or
leased under the sewer system consolidation agreement, and a statement
of the portions of the operating expenses to be annually charged against
properties in a special transitional zone of assessment, to be paid by
the county through a county sewer district or to be paid by the city,
town or village;

i. terms describing the actions necessary to amend the sewer system
consolidation agreement; and

j. terms describing the conditions under which the sewer system
consolidation agreement may be extended.

3. A city, town or village may prepare and furnish to the county a
report containing a map and a general description of the sewer system
property which is proposed to be leased or conveyed and a description of
its current condition. The report shall include the terms of any
outstanding indebtedness issued to finance acquisition or improvement of
such sewer system property and such additional information relevant to
the assessment of the costs of operation, maintenance and improvement of
such sewer system property as the county may request. Upon presentation
of such report the county legislature may refer the same to the
commissioner of environmental facilities for a plan and report with
respect thereto. If the county legislature refers the report to the
commissioner of environmental facilities, said commissioner shall
thereupon prepare and furnish to the county legislature a plan and
report describing capital improvements, if any, to such sewer system
property which the commissioner of environmental facilities recommends
be undertaken following its conveyance or lease to the county. This plan
and report shall include the estimated costs thereof, together with an
estimate of the operating and maintenance costs of such property. The
plan and report shall also contain such other data and information as
shall have been requested by the county legislature or as may be
determined by the commissioner of environmental facilities to be
appropriate under the circumstances. Upon review of the plan and report,
the county legislature may, if a majority of the county legislature
approves the plan and report, authorize the preparation of a draft sewer
system consolidation agreement and direct that such plan and report be
furnished to the city, town or village. The county and the city, town or
village may then prepare a draft sewer system consolidation agreement.
The draft sewer system consolidation agreement shall be presented to and
approved as to form by the county legislature and the governing body of
the city, town or village prior to the calling of a hearing under
subdivisions seven and five of this section, respectively. Such draft
sewer system consolidation agreement shall not be binding nor shall it
be executed until after a public hearing and authorization by the county
legislature and the governing body of the city, town or village, as
provided for in subdivisions six and eight of this section.

4. In addition to existing authority to establish county sewer
districts or extensions, the county legislature, in furtherance of a
sewer system consolidation agreement, may establish a special
transitional zone of assessment in any county sewer district, and to the
extent such special transitional zone of assessment would fall in whole
or in part outside any county sewer district, may coincidentally
establish a county sewer district encompassing such area or extend an
existing county sewer district to encompass such area, in the manner
hereinafter provided. Each special transitional zone of assessment
shall have boundaries coterminous with the area provided with a sewer
system by any city, town or village, for the purpose of facilitating the
conveyance or lease to the county all or a portion of the property of
cities, towns or villages relating to the collection and conveyance of
sewage to county trunk sewers and the transfer of all or a portion of
the responsibilities for the operation, maintenance and improvement
thereof.

5. Following the approval of a draft sewer system consolidation
agreement, the governing body of the city, town or village shall hold a
public hearing on the draft sewer system consolidation agreement. Such
public hearing shall be called by such governing body, which shall
direct that notice thereof be published and posted not less than
fourteen days prior to the date set for such hearing. Such notice shall
be given, in the case of towns, in the manner prescribed in section one
hundred ninety-three of the town law, and in the case of cities and
villages, in the manner prescribed for general elections. Such notice
shall state in general terms that it is proposed to petition the county
legislature to enter into a sewer system consolidation agreement and, if
contemplated by the sewer system consolidation agreement, to establish
or extend a county sewer district or establish a special transitional
zone of assessment for the purpose of facilitating the conveyance or
lease of property to the county and its operation, maintenance and
improvement of such property, as set forth in the draft sewer system
consolidation agreement. Such notice shall generally identify the
particular sewer system proposed to be conveyed or leased, the proposed
improvements thereto, if any, and the estimated maximum cost thereof,
and shall describe the boundaries of the proposed, district, extension
or special transitional zone of assessment in a manner sufficient to
permit definite and conclusive identification of all parcels of property
included therein. Such notice shall also state where the draft sewer
system consolidation agreement is available for public inspection, and
shall set forth the time when and place where such hearing shall be
held.

6. If the governing board shall decide, after such public hearing and
upon the evidence given thereat, that it is in the public interest to
petition the county legislature to enter into the sewer system
consolidation agreement pursuant to this section, it shall authorize the
chief executive officer as that term is defined in the local finance
law, as the case may be, to:

a. execute such petition and file the same with the clerk of the
county legislature; and

b. execute the sewer system consolidation agreement, if the county
elects to enter into the sewer system consolidation agreement.

Such petition shall generally identify the particular sewer system
proposed to be conveyed or leased and shall describe the boundaries of
the area served thereby in a manner sufficient to permit definite and
conclusive identification of all parcels of property included therein.

7. Upon receipt of such petition and after the approval of the form of
the draft sewer system consolidation agreement, the county legislature
may call a public hearing to enter into the sewer system consolidation
agreement and, if contemplated thereby, to establish a special
transitional zone of assessment or establish or extend a county sewer
district. Notice of such public hearing shall be given not less than
fourteen days prior to the date of the hearing in the manner prescribed
in section two hundred fifty-four of this article. In addition, a copy
of such notice shall be served upon or mailed to the city, town or
village which presented such petition not less than fourteen days prior
to the day set therein for such hearing. Such notice shall contain:

a. a general description of the sewer system property proposed to be
conveyed or leased;

b. a description of the boundaries of any proposed district, extension
or special transitional zone of assessment in a manner sufficient to
permit definite and conclusive identification of all parcels of property
included therein;

c. the estimated maximum amount to be expended for proposed
improvements;

d. a statement of the proposed manner of assessing costs allocable to
the special transitional zone of assessment, indicating whether it is
proposed to levy assessments pursuant to the charter in the same manner
as county charges or as described in section two hundred seventy or
section two hundred seventy-one of this article;

e. a statement of whether and to what extent the county sewer district
will assume the payment of outstanding obligations, contracts and other
indebtedness of the city, town or village for the purposes of or in
relation to the sewer system proposed to be conveyed or leased;

f. shall state where the draft sewer system consolidation agreement is
available for public inspection; and

g. shall specify the time when and place where the county legislature
will meet to consider the matter and to hear all parties interested
therein concerning the same.

8. If, based upon the evidence presented at such public hearing and
after due consideration of the petition, the plan and report of the
commissioner of environmental facilities and other data provided to it,
the county legislature shall determine that it is in the public interest
to enter into the sewer system consolidation agreement, it shall by
majority vote adopt an act authorizing the execution of the sewer system
consolidation agreement. If the county legislature shall determine that
it is not in the public interest to enter into the sewer system
consolidation agreement, it shall adopt an act so stating and
terminating the proceedings with respect thereto. The parties to a sewer
system consolidation agreement may from time to time amend the sewer
system consolidation agreement, provided that, if an amendment would a.
increase the estimated capital cost to be assessed against properties in
a special transitional zone of assessment for the improvements proposed
in the sewer system consolidation agreement; b. increase the share of
operation and maintenance costs to be annually assessed against a
special transitional zone of assessment; or c. eliminate from or add
parcels to a special transitional zone of assessment, the amendment may
be authorized only after public hearings held by each party in the same
manner as the original sewer system consolidation agreement following
determinations by the parties that such amendment is in the public
interest after hearings held as required for the original sewer system
consolidation agreement. Nothing in this section shall modify the
special acts of the legislature and local laws of the county of
Westchester governing county sewer districts and the assessments made
and taxes levied in connection therewith, and the county of Westchester
may continue to operate county sewer districts in conformity therewith,
irrespective of whether the county sewer district has undertaken to own,
operate, maintain or improve sewers which are not trunk sewers pursuant
to this section or otherwise undertakes to provide sewage collection and
conveyance facilities in addition to trunk sewers.

9. As part of the implementation of the sewer system consolidation
agreement, the county may adopt an act to establish a special
transitional zone of assessment or establish or extend a county sewer
district, which act shall include the following:

a. an accurate description of the boundaries of any such district,
extension, or special transitional zone of assessment in a manner
sufficient to permit definite and conclusive identification of all
parcels of property included therein, provided, however, if such
district, extension or special transitional zone of assessment is
coterminous with a city, town or village it shall be a sufficient
compliance with this paragraph to so state without describing the
boundaries of such city, town or village;

b. a general description of the sewer system property to be conveyed
or leased to the county in accordance with the sewer system
consolidation agreement;

c. a determination as to whether assessments for district purposes
will be levied pursuant to the charter in the same manner as county
charges or as described in section two hundred seventy or section two
hundred seventy-one of this article in accordance with the notice of the
public hearing held pursuant to subdivision seven of this section;

d. a determination as to the effective date or dates for the
conveyance or lease of the property described in accordance with
paragraph b of this subdivision, having due regard to the fiscal year of
the county and the city, town or village concerned and the availability
of funds for the operation, maintenance and improvement of the sewer
system by the county;

e. a determination assuming responsibility for the payment of all or
the agreed portion of all obligations, contracts and other indebtedness
of the city, town or village, as the case may be, incurred for the
purposes of or in relation to the sewer system property to be conveyed
or leased which shall be outstanding as of the effective date of such
conveyance or lease, the exact amount and details thereof to be subject
to future determination by agreement in such manner as may be provided
therein; and

f. such other terms, conditions and provisions with respect to the
establishment of such district and such conveyance or lease, not
inconsistent with the provisions of this section, as the county
legislature may determine to be necessary or desirable under the
circumstances.

10. The clerk of the county legislature, within ten days after the
adoption thereof, shall file a certified copy of such act with the clerk
of the city, town or village concerned, who shall present the same to
the governing board at the next meeting thereof. Such governing board
shall thereupon proceed to adopt such resolutions or ordinances and take
such other action as shall be necessary or convenient to effectuate a
conveyance or lease of sewer system property to the county in accordance
with the provisions of this section and such act. In addition, in the
case of a town or a village sewer district, and if so provided in an
agreement with the county, the governing board may adopt an order
dissolving such district effective as of the date of such conveyance or
lease, a certified copy of which shall be recorded in the office of the
county clerk, or, if such district is not to be dissolved, the governing
board may adopt an order describing the remaining functions and
responsibilities of the district.

11. All or an agreed upon portion of assessments levied by, or fees,
rates, rents or other charges due or moneys owing to a city, town or
village with respect to any sewer system and remaining unpaid as of the
effective date of the conveyance or lease thereof to a county district
pursuant to this section shall be collected by the city, town or village
concerned in the same manner as if such conveyance or lease had not been
made, and upon receipt shall be paid over to the county commissioner of
finance to be applied for the purposes of such county sewer district.

12. a. The principal of and interest on all outstanding bonds and
notes of a city, town or village issued to pay all or part of the cost
of any sewer system conveyed or leased to a county district pursuant to
this section shall continue to be paid when due by such city, town or
village, and, if a sewer system consolidation agreement with the county
so provides, from moneys provided for such purpose by the county from
county district funds raised or appropriated therefor. If the county has
agreed to make such payments, the county commissioner of finance shall
from time to time pay such moneys to the fiscal officer of such city,
town or village sufficiently in advance to permit the payment of all or
the agreed upon portion of such principal and interest when due. All
other obligations and contract liabilities of a city, town or village
assumed by the county in a sewer system consolidation agreement shall be
paid directly from funds of the county in the same manner as other
county sewer district claims.

b. If bonds have been authorized by a city, town or village pursuant
to the local finance law to pay all or a part of the cost of the
acquisition, construction or reconstruction of or addition to a sewer
system or the replacement of equipment, machinery, apparatus or
furnishings therefor, and in anticipation of the issuance of such bonds
such city, town or village has issued a bond anticipation note or notes
or has otherwise contracted indebtedness to be paid from the proceeds of
such bonds, and prior to the issuance of such bonds and the payment of
such note or notes or other indebtedness, such sewer system has been
conveyed or leased to the county pursuant to this section, the county
may issue its bonds for the object or purpose of paying such note or
notes or other indebtedness. The period of probable usefulness of the
object or purpose for which such bonds may be issued by the county
pursuant to this subdivision shall be the same as the period of probable
usefulness specified in paragraph a of section 11.00 of the local
finance law for the object or purpose for which the bonds were
authorized by such city, town or village prior to such transfer. Such
period shall be that which was in effect at the time of such transfer
unless such period has been subsequently shortened, in which event the
shorter period in effect at the time of the issuance of the bonds by the
county shall apply. For the purposes of paragraphs b, b-1 and c of
section 21.00 of the local finance law, the date of the earliest bond
anticipation note issued by such city, town or village shall be
considered as the date of the earliest bond anticipation note issued in
anticipation of the bonds issued by the county for the object or
purpose. Except as herein provided, such bonds shall be authorized and
issued by the county in accordance with the provisions of the local
finance law.

c. If, at the time of such transfer, the city, town or village has
outstanding bonds issued to finance the conveyed or leased sewer system
property, the county may issue refunding bonds under and subject to the
provisions of section 90.10 of the local finance law or section 90.00 of
the local finance law, except, if the bonds to be refunded are refunding
bonds, for paragraph I thereof, to pay the principal, interest and
redemption premium of the bonds of the city, town or village of the
bonds to be refunded, with savings to the county calculated as if the
principal, interest and redemption premium on the bonds to be refunded
were to be considered bonds of the county.

13. The county legislature, and each city, town and village, are
hereby authorized to adopt all such further acts and to take or direct
all such additional proceedings as may be necessary or desirable to
effectuate the purposes and intent of this section.

14. The county, cities, towns and villages may expend capital funds to
conduct evaluations, surveys and analysis of county sewer facilities and
the sewer facilities of cities, towns and villages in the county which
may be useful in identifying whether or not the conveyance or lease of
particular city, town or village sewer facilities to the county would be
in the public interest and in planning, structuring and negotiating a
conveyance or lease of city, town or village facilities to the county,
and the county may elect to reimburse such costs incurred by cities,
towns or villages and to allocate the costs thereof. All of such costs
not paid from current funds may be financed by the county as part of the
cost of the acquisition of facilities by the county, irrespective of
whether any such acquisition is subsequently completed.

15. The provisions of section one hundred nineteen-o of the general
municipal law shall apply to sewer system consolidation agreements made
under this section, except that, irrespective of the term limits set
forth in section one hundred nineteen-o of the general municipal law,
such agreements may have terms which extend for up to fifty years and
which may be renewed periodically as provided therein for a term not
exceeding fifty years. The expiration of any such agreements shall not
affect actions completed under such agreements, including the conveyance
or lease of property or any change in the status of employees
transferred to the county pursuant thereto. This section does not
replace or diminish the authority of the county and cities, towns and
villages in the county to make agreements under section one hundred
nineteen-o of the general municipal law in addition to the sewer system
consolidation agreements authorized by this section.