NY Pub Auth L § 3307 (2021)
2021 New York Laws PBA - Public Authorities Article 10-C - New York Health Care Corporations Title 1 - Westchester County Health Care Corporation 3307 - Transfer of Property; Relationship With the County; Certain Gifts, Loans and Guarantees by the County.

§  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.