Section 3307. Transfer of property; relationship with the county; certain gifts, loans and guarantees by the county

1. (a) The county  may  give,  grant,  sell,  convey,  loan,  license  the  use  of,  or  lease  to the
  corporation any property (except monies appropriated by the  county  and
  payable  to  the corporation pursuant to subdivision three and paragraph
  (a) of subdivision four of this section) which are useful in  connection
  with  the  exercise  by  the corporation of any of its powers under this
  title in  order  to  transfer  the  facilities  and  operations  of  the
  Westchester  County  Medical  Center  to  the  corporation  by agreement
  between the county and the corporation and  any  subsequent  renewal  or
  amendment  thereof, by local law adopted by a two-thirds majority of the
  county board of legislators and after approval by the  county  board  of
  acquisition  and contract, notwithstanding any general, special or local
  law, ordinance, resolution or charter.
    (b) Any such gift, grant, sale, conveyance,  loan,  license  or  lease
  shall be upon such terms and conditions, for such consideration, if any,
  and  for  such  term  or  terms  of  years, subject to the rights of the
  holders of any bonds, as the corporation and the county  may  agree.  No
  real  property of the county consisting of any health facility currently
  operated by the Westchester County Medical Center shall  be  transferred
  to  the  corporation  in  fee,  except under such restrictions regarding
  rights of first refusal, or other rights, to repurchase the property  as
  the  Westchester  County  Board of Legislators shall approve by act, and
  subject to a  restrictive  covenant  prohibiting  the  corporation  from
  pledging  or  mortgaging  the fee interest in the property. In the event
  that the county gives, grants, sells, conveys, loans, licenses or leases
  any facilities to the corporation, the  county  may  contract  with  the
  corporation  to  lease,  borrow,  license, operate, maintain, manage and
  provide services for such facilities upon such terms and conditions  and
  for  such  term  or  terms of years, subject to the rights of holders of
  bonds, as the corporation and the county may agree. The corporation,  in
  furtherance  of  any  purchase,  conveyance  or lease of any property or
  facility from the county, may assume the primary responsibility for  the
  payment  of  the  principal and interest on any bonds or notes issued by
  the county for such property or facility.
    2.  The  county  may  acquire  by  purchase,  grant,  lease,  gift  or
  condemnation pursuant to the eminent domain procedure law, real property
  in the name of the county for any corporate purpose of the corporation.
    3. In addition to any other powers granted to it by law and consistent
  with  the constitution and other provisions of law, the county may, from
  time to time, appropriate sums of money to defray project costs  or  any
  other costs or expenses of the corporation including operating expenses.
    Subject  to the rights of bondholders, the county may determine if the
  monies so appropriated shall be subject to repayment by the  corporation
  to  the county and, in such event, the manner and time or times for such
  repayment.
    4. In addition to the authority granted elsewhere in this title and by
  other applicable laws, the corporation and the county may enter  into  a
  contract or contracts from time to time providing for one or more of the
  following:
    (a)  the  payment  of  sums  appropriated  by  the  county pursuant to
  subdivision three of this section;
    (b) the payment of sums for  health  care  services  provided  by  the
  corporation  which  could  otherwise be provided directly by the county,
  including services for uncompensated care;
    (c) services to be provided by the county  to  or  on  behalf  of  the
  corporation;

    (d)  the  transfer  of  employees  of the county to the corporation as
  provided in section thirty-three hundred four of this title;
    (e)  indemnification  by  the  corporation  to  the  county for claims
  associated with establishment of and operation of  the  corporation  and
  its health facilities;
    (f)  the  gift, grant, sale, conveyance, loan, license or lease by the
  county to the corporation of any property (except monies appropriated by
  the county and payable to the corporation pursuant to subdivision  three
  and paragraph (a) of this subdivision) or facilities which are useful in
  connection  with  the  exercise  by the corporation of any of its powers
  under this title not transferred pursuant to the  authority  granted  in
  paragraph  (a)  of  subdivision  one of this section, which gift, grant,
  sale, conveyance, loan, license or lease shall nevertheless  be  subject
  to paragraph (b) of subdivision one of this section; and
    (g)  such  other  matters  as  may  be  appropriate  to accomplish the
  purposes hereof.
    Any such contract or contracts shall be authorized by  the  county  by
  act adopted by majority vote of the county board of legislators and with
  the  approval  of  the  county  board  of acquisition and contract. Such
  contract or contracts shall include such terms and  conditions,  be  for
  such consideration, if any, and have such term or terms of years, as the
  corporation and the county may agree.
    5.  On  the  effective  date  of  the  transfer  of the facilities and
  operations of the Westchester  County  Medical  Center  pursuant  to  an
  agreement  between  the county and the corporation as authorized in this
  title, the department shall be abolished. On and after  such  date,  the
  department  of  health  of the county shall be vested with all power and
  authority of the department not explicitly or implicitly transferred  to
  the corporation pursuant to this title.
    6.  (a)  Notwithstanding  any general, special or local law or charter
  provisions to the contrary, the county of  Westchester  shall  have  the
  power  and  is  hereby  authorized, pursuant to section seven of article
  seventeen of the state constitution, to lend its money or credit  to  or
  in  aid  of the corporation or any subsidiary thereof for the purpose of
  providing health related  facilities  or  hospital  facilities  for  the
  prevention,  diagnosis  or  treatment  of  human  disease, pain, injury,
  disability,  deformity  or  physical  condition,  and   for   facilities
  incidental  or  appurtenant  thereto  as  may  be prescribed by law. The
  county is hereby authorized to prescribe such facilities by local law of
  the county. The  corporation  or  any  such  subsidiary  thereof,  as  a
  condition  to  any  such  loan  of  money  or credit, shall enter into a
  regulatory agreement  with  the  county  as  to  its  charges,  profits,
  dividends and disposition of its property of franchises, which agreement
  shall be binding and enforceable by the county insofar as this regulates
  such charges, profits, dividends and disposition of property. The county
  may elect in such regulatory agreement to refrain from exercising all or
  any  portion  of  its  authority  to  so regulate such charges, profits,
  dividends and disposition  of  property  to  the  extent  such  charges,
  profits,  dividends  and  disposition  of  property are regulated by the
  state or any agency thereof. The county shall authorize such  regulatory
  agreement by local law.
    (b)  In  pursuance  of the authority granted pursuant to this article,
  the county shall have the power and is hereby authorized  from  time  to
  time  to  issue  its bonds, notes or other obligations in such principal
  amounts as it shall deem necessary,  after  taking  into  account  other
  monies  which  may  be  available  for  the  purposes  set forth in this
  section. Except as provided for in paragraph (c)  of  this  subdivision,
  such  bonds,  notes  or  obligations  shall be issued for the purpose of

  making loans to  the  corporation  or  any  subsidiary  thereof,  paying
  interest  on  such  bonds,  notes or other obligations, establishment of
  reserves to secure such notes, bonds, or other obligations,  and  paying
  all  other  obligations  and expenditures incidental to and necessary or
  convenient  for  the  making  of  such  loans.  Such  bonds,  notes   or
  obligations shall be issued in accordance with the applicable provisions
  of this chapter and the local finance law and applicable local laws. The
  county,  in  its  sole  discretion,  may,  in  lieu  of the corporation,
  undertake to perform or complete the corporation's  capital  project  if
  authorized  to  do  so  in  the county's capital budget. The corporation
  shall submit its capital project requests to the county and shall comply
  with any and all requirements imposed by the county in  accordance  with
  the  county's  capital  projects  procedures. The corporation shall also
  provide  to  the  county  any  and  all  documentation  and  information
  requested  by  the  county with respect to all such capital projects. In
  the event that the county determines to undertake to perform or complete
  the corporation's capital project pursuant  to  this  subdivision,  such
  capital  project  shall  be  accomplished  in  such  manner  as  may  be
  authorized by the county. The county may enter  into  contracts  as  are
  necessary   to  carry  out  such  capital  projects  on  behalf  of  the
  corporation, including, but not limited to,  contracts  for  architects,
  engineers,  land  surveyors  and other consultants, contracts for public
  works and purchase contracts.   With  respect  to  such  contracts,  the
  county shall comply with the requirements set forth in article five-A of
  the general municipal law, provided however the county shall be entitled
  to  utilize  the  provisions  set  forth in subdivisions nine and ten of
  section thirty-three hundred three of this article. After the completion
  of the capital project, the corporation shall  annually  submit  to  the
  budget  director and the commissioner of finance of the county a written
  report detailing and certifying the manner by which the  corporation  is
  utilizing  the  capital project in a manner consistent with the county's
  issuance of bonds for such project. Such report shall be submitted on or
  before the  first  day  of  March  of  each  year  after  the  project's
  completion.
    (c)  The  county shall also have the power and is hereby authorized to
  issue its bonds, notes or other  obligations  to  provide  full  funding
  without   repayment   by  the  corporation.  The  county,  in  its  sole
  discretion, may, in lieu of the  corporation  undertake  to  perform  or
  complete  capital projects of the corporation, if authorized to do so in
  the county's capital  budget.  Such  bonds,  notes  or  obligations,  if
  authorized  by  the  county,  shall  be  issued  in  accordance with the
  applicable provisions  of  this  chapter,  the  local  finance  law  and
  applicable  local laws. The corporation shall submit its capital project
  requests to the county and shall comply with any  and  all  requirements
  imposed  by  the county in accordance with the county's capital projects
  procedures. The corporation shall cooperate with the county and  provide
  to the county any and all documentation and information requested by the
  county  with respect to all such capital projects. In the event that the
  county determines to undertake to perform or complete the  corporation's
  capital project pursuant to this subdivision, such capital project shall
  be  accomplished  in such manner as may be authorized by the county. The
  county may enter into contracts as  are  necessary  to  carry  out  such
  capital  projects  on  behalf  of  the  corporation,  including, but not
  limited to, contracts for  architects,  engineers,  land  surveyors  and
  other  consultants,  contracts  for public works and purchase contracts.
  With respect to  such  contracts,  the  county  shall  comply  with  the
  requirements  set  forth in article five-A of the general municipal law,
  provided however the county  shall  also  be  entitled  to  utilize  the

  provisions   set   forth   in  subdivisions  nine  and  ten  of  section
  thirty-three hundred three of this article. After the completion of  the
  capital  project,  the  corporation  shall annually submit to the budget
  director  and the commissioner of finance of the county a written report
  detailing  and  certifying  the  manner  by  which  the  corporation  is
  utilizing  the  capital project in a manner consistent with the county's
  issuance of bonds for such project. Such report shall be submitted on or
  before the  first  day  of  March  of  each  year  after  the  project's
  completion.
    (d) Any guarantee by the county made pursuant to the authority granted
  in  this section shall be authorized by act or acts of the county in the
  same manner as such act or acts authorizing the issuance of bonds of the
  county for the purposes for which such guarantee is undertaken.
    (e) The county shall also be authorized to enact  laws  governing  the
  conditions  under  which such loans, commitments and guarantees shall be
  made.
    7. For purposes of subdivision four of paragraph a of section 25.00 of
  the  local  finance  law,  amounts  to  be  derived  by  the  county  of
  Westchester  from  the  corporation, or any subsidiary thereof, shall be
  included in the term "other income".
    8. (a) Notwithstanding the provisions of any other state or local  law
  to the contrary, including, but not limited to, sections six-n and six-j
  of  the  general municipal law, with the approval of the county board of
  legislators, amounts deposited for  or  on  behalf  of  the  Westchester
  County  Medical  Center  in  the  liability  and  casualty  and workers'
  compensation reserve funds established by the county  pursuant  to  said
  sections  of the general municipal law, and investment earnings thereon,
  may be withdrawn by the county from such funds and  transferred  to  the
  corporation  and  shall  be used by the corporation for the purposes for
  which such funds were established.
    (b) No amounts shall be withdrawn and transferred to  the  corporation
  pursuant  to  this  subdivision unless prior thereto the corporation has
  agreed in writing to 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  the  corporation  of  the  Westchester County Medical
  Center, whether commenced before or after the date of transfer  of  said
  amounts,  and  to provide such other security for this obligation as the
  county may reasonably require.