§ 3406. Transfer of property; relationship with the county; certain\ngifts, loans and guarantees by the county. 1. (a) By county ordinance\nonly, the county may contract, sell, convey, loan, license the use of,\nor lease to the corporation any property or assets (except monies\nappropriated by the county and payable to the corporation pursuant to\nsubdivision three and paragraph (a) of subdivision four of this\nsection), including its interest in Healthfirst Inc., which are useful\nin connection with the exercise by the corporation of any of its powers\nunder this title in order to transfer the facilities and operations in\nwhole or in part of any facility, operation or program of the county of\nNassau providing health care services, whether or not the provision of\nsuch facility, operation or program by the county is specifically\nmandated by state law, to the corporation by agreement between the\ncounty and the corporation and any subsequent renewal or amendment\nthereof. The powers conferred upon the county herein to sell, convey,\nloan, license the use of or lease property or assets of the county to\nthe corporation are in addition to any other powers granted to the\ncounty by law relating to the sale, conveyance, alienation, leasing,\nlicensing or loaning of real or personal property and are not subject to\nany law to the extent inconsistent herewith.\n (b) Any such contract, sale, conveyance, loan, license or lease shall\nbe upon such terms and conditions, for such consideration which may\ninclude cash, services or any combination thereof which the county\ndetermines to be in the best interests of the citizens and taxpayers of\nthe county and for such term or terms of years, subject to the rights of\nthe holders of any bonds, as the corporation and the county may agree.\nNo real property of the county consisting of any health facility\ncurrently operated by Nassau county shall be transferred to the\ncorporation in fee, except under such restrictions regarding rights of\nfirst refusal, or other rights, to repurchase the property as the Nassau\ncounty legislature shall approve by act. Any such contract, sale,\nconveyance, lease, loan or license shall not be subject to referendum,\npermissive or mandatory. In the event that the county contracts, sells,\nconveys, loans, licenses or leases any property or assets to the\ncorporation, the county may contract with the corporation to lease,\nborrow, license, operate, maintain, manage and provide services for such\nfacilities upon such terms and conditions and for such term or terms of\nyears, subject to the rights of holders of bonds, as the corporation and\nthe county may agree. The corporation, in furtherance of any purchase,\nconveyance or lease of any property or facility from the county, may\nassume the primary responsibility for the payment of the principal and\ninterest on any bonds or notes issued by the county for such property or\nfacility.\n (c) Upon the terms and conditions and on the effective date set forth\nin the agreement between the county and the corporation entered into\npursuant to paragraph (a) of subdivision one of this section, such\ndepartments, agencies, facilities, services and other rights and\ninterest of the county pertaining to health care services as the county\nor corporation may agree shall be transferred to the corporation. Upon\nany such transfer, the county is authorized to restructure or eliminate\nall such departments, agencies or facilities.\n 2. The county may acquire by purchase, lease, or condemnation pursuant\nto the eminent domain procedure law, real property in the name of the\ncounty for any corporate purpose of the corporation.\n 3. In addition to any other powers granted to it by law and consistent\nwith the constitution and other provisions of law, the county may, from\ntime to time, appropriate sums of money to defray project costs or any\nother costs or expenses of the corporation including operating expenses.\n Subject to the rights of bondholders, the county may determine if the\nmonies so appropriated shall be subject to repayment by the corporation\nto the county and, in such event, the manner and time or times for such\nrepayment.\n 4. In addition to the authority granted elsewhere in this title and by\nother applicable laws, the corporation and the county may enter into a\ncontract or contracts from time to time providing for one or more of the\nfollowing:\n (a) the payment of sums appropriated by the county pursuant to\nsubdivision three of this section;\n (b) the payment of sums for health care services provided by the\ncorporation which could otherwise be provided directly by the county,\nincluding services for uncompensated care;\n (c) services to be provided by the county to or on behalf of the\ncorporation;\n (d) the transfer of employees of the county to the corporation as\nprovided in section thirty-four hundred three of this title;\n (e) indemnification by the corporation to the county for claims\nassociated with establishment of and operation of the corporation and\nits health facilities;\n (f) the sale, conveyance, loan, license or lease by the county to the\ncorporation of any property (except monies appropriated by the county\nand payable to the corporation pursuant to subdivision three and\nparagraph (a) of this subdivision) or facilities which are useful in\nconnection with the exercise by the corporation of any of its powers\nunder this title not transferred pursuant to the authority granted in\nparagraph (a) of subdivision one of this section, which sale,\nconveyance, loan, license or lease shall nevertheless be subject to\nparagraph (b) of subdivision one of this section; and\n (g) such other matters as may be appropriate to accomplish the\npurposes hereof.\n Any such contract or contracts shall be authorized by the county by\nresolution or ordinance adopted by the county legislature or in such\nother manner as permitted by the county government law of the county of\nNassau. Such contract or contracts shall include such terms and\nconditions and have such term or terms of years, as the corporation and\nthe county may agree.\n 5. (a) The county of Nassau shall have the power and is hereby\nauthorized, pursuant to section seven of article seventeen of the state\nconstitution, to lend its money or credit to or in aid of the\ncorporation or any subsidiary thereof for the purpose of providing\nhealth related facilities or hospital facilities for the prevention,\ndiagnosis or treatment of human disease, pain, injury, disability,\ndeformity or physical condition, and for facilities incidental or\nappurtenant thereto as may be prescribed by law. The county is hereby\nauthorized to prescribe such facilities by local law of the county. The\ncorporation or any such subsidiary thereof, as a condition to any such\nloan of money or credit, shall enter into a regulatory agreement with\nthe county as to its charges, profits, dividends and disposition or its\nproperty of franchises, which agreement shall be binding and enforceable\nby the county. The county may elect in such regulatory agreement to\nrefrain from exercising all or any portion of its authority to so\nregulate such charges, profits, dividends and disposition of property or\nfranchise to the extent such charges, profits, dividends and disposition\nof property or franchise are regulated by the state or any agency\nthereof. The county shall authorize such regulatory agreement by local\nlaw.\n (b) In pursuance of the authority granted herein, the county shall\nhave the power and is hereby authorized from time to time to issue its\nbonds, notes or other obligations in such principal amounts as it shall\ndeem necessary, after taking into account other monies which may be\navailable for the purposes set forth herein. Such bonds, notes or\nobligations shall be issued for the purpose of making loans to the\ncorporation or any subsidiary thereof, paying interest on such bonds,\nnotes or other obligations, and paying all other obligations and\nexpenditures incidental to and necessary or convenient for the making of\nsuch loans. Such bonds, notes or obligations shall be issued in\naccordance with the applicable provisions of this chapter and the local\nfinance law and applicable local laws.\n (c) Any guarantee by the county made pursuant to the authority granted\nin this section shall be authorized by ordinance or ordinances of the\ncounty in the same manner as such ordinance or ordinances authorizing\nthe issuance of bonds of the county for the purposes for which such\nguarantee is undertaken.\n (d) The county shall also be authorized to enact laws governing the\nconditions under which such loans, commitments and guarantees shall be\nmade.\n 6. For purposes of subdivision four of paragraph a of section 25.00 of\nthe local finance law, amounts to be derived by the county of Nassau\nfrom the corporation, or any subsidiary thereof, shall be included in\nthe term "other income".\n 7. (a) Notwithstanding the provisions of any other state or local law\nto the contrary, including, but not limited to, sections six-n and six-j\nof the general municipal law, with the approval of the county\nlegislature, amounts deposited for or on behalf of the health care and\nmedical facilities or operations of the county which have been\ntransferred to the corporation pursuant to this section in the liability\nand casualty and workers' compensation reserve funds established by the\ncounty pursuant to said sections of the general municipal law, and\ninvestment earnings thereon, may be withdrawn by the county from such\nfunds and transferred to the corporation and shall be used by the\ncorporation for the purposes for which such funds were established.\n (b) No amounts shall be withdrawn and transferred to the corporation\npursuant to this subdivision unless prior thereto the corporation has\nagreed in writing to indemnify and hold harmless the county, and provide\ndefense, for all claims, cases, proceedings, actions or other matters\nagainst the county arising out of the properties, facilities, operations\nor employees of the corporation of the Nassau Health Care Corporation,\nwhether commenced before or after the date of transfer of said amounts,\nand to provide such other security for this obligation as the county may\nreasonably require.\n 8. Notwithstanding the provisions of any state or local law to the\ncontrary, including but not limited to section six-l of the general\nmunicipal law, any monies derived by the county in consideration of the\nsale of its facilities or property to the corporation pursuant to this\nsection may be used for any lawful purpose of the county.\n