§ 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.