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This entry was published on 2014-09-22
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SECTION 279-D
Water districts in the county of Westchester
County (CNT) CHAPTER 11, ARTICLE 5-A
§ 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.