2023 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.