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HomeMy WebLinkAbout05095ORDINANCE NO. 5095 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO RELATING TO THE PUEBLO CITY - COUNTY HEALTH DEPARTMENT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Agreement dated October 11, 1983 between the City of Pueblo, a municipal corporation and the County of Pueblo relating to the Pueblo City- County Health Department, a copy of which is attached hereto and incorporated herein, having been approved by the City Attorney, is hereby approved. gPrTTnM 7 The President of the City Council is hereby authorized and directed to execute the Agreement for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. ATTEST: Cit lerk INTRODUCED: October 26 , 1983 By MIKE SALARDINO Councilman APPROVED: IV Pres ent of the City Council AGREEMENT This Agreement made this 11th day of October, 1983 by and between the City of Pueblo, a municipal corporation (herein City) and the County of Pueblo, State of Colorado (herein County), WITNESSETH: Whereas, City and County did on March 12, 1956 enter into an Agreement for the joint operation of a health department, and Whereas, the Agreement of March 12, 1956 should be amended and restated to incorporate conditions, functions, and procedures which have been changed and modified since March 12, 1956 through mutual consent and by amendments to statutes governing the operation of a combined City and County health department, and Whereas, C.R.S. 1973, 29 -1 -203 empowers political subdivisions to contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units, and Whereas, both City and County are authorized to establish health departments, and Whereas, C.R.S. 1973, 25 -1 -504 and Section 11 -4 of the Charter of the City permits the merger of City and County health departments. Now, Therefore, in consideration of the foregoing and mutual promises herein contained, City and County agree as follows: 1. Prior Agreements All prior agreements including but not limited to the Agreement of March 12, 1956 between City and County relating to the establishment, conduct and operation of a health department are hereby terminated and cancelled. 2. Department Created A joint City and County health department is hereby established and created to be known as the Pueblo City- County Health Department (herein Department). 3. Board of Health. The Pueblo City- County Board of Health (herein Board) shall consist of five members, two of whom shall be appointed by the Board of County Commissioners of County, two of whom shall be appointed by the City Council of City, and one of whom shall be jointly appointed by the Board of County Commissioners of County and the City Council of City as herein provided. Members of the Board shall be appointed for terms of five years beginning July 1 of the year of appointment. One member of the Board shall be appointed each year. The present members of the Board appointed under the Agreement of March 12, 1956 are: Present Board Member Appointing Party Term Expires Charles K. Clark City Council July 1, 1984 Jarvis D. Ryals, M.D. City Council and July 1, 1985 Board of County Commissioners A. H. Hayden, Jr. Board of County July 1, 1986 Commissioners Father Fred Johnson Board of County July 1, 1987 Commissioners Harold Mabie City Council July 1, 1988 The present members of the Board shall continue in office until their respective terms expire or until replaced as herein provided. The party appointing a person to the Board may remove such person -2- at any time with or without cause. Upon the death, removal, resignation, or expiration of the term of any member of the Board, the party originally appointing such person shall appoint his successor for the balance of the unexpired term or for a term of five years, whichever the case may be. All members of the Board shall be residents of the County of Pueblo. Appoint- ments shall be made to the Board so that no business or pro- fessional group shall constitute a majority of the Board. The Board shall adopt By -Laws for the management and conduct of its affairs which shall not be inconsistent with this Agreement or applicable Statutes. 4. Officers The Board shall elect from its members a President and Vice - President, and such other officers as the Board shall determine. All officers shall be elected for one year terms and shall hold office at the pleasure of the Board. 5. Administrator. The administrative and executive head of the Department shall be a public health administrator (herein Administrator). The Administrator shall be appointed for an indefinite term by the Board to serve at the pleasure of the Board and may be removed by the Board with or without cause. The Administrator shall possess such qualifications as may be prescribed by statute, the Board, and the State Board of Health. He may be employed on a full- or part -time basis and shall receive such compensation and expense allowance as may be fixed by the Board. He shall maintain his office at the Pueblo City- County Health Department and shall be custodian of all property and -3- records of the Department. The Administrator shall have all powers and duties granted to and imposed upon the Administrator by the Board, statute, ordinance, resolution and rules of the State of Colorado, State Board of Health, City, or County. 6. Personnel All personnel of the Department except the Administrator shall be appointed by the Administrator and shall possess qualifications approved by the Board. All personnel shall receive such compensation and expense allowance as fixed by the Board. All personnel shall perform such duties as pre- scribed by the Administrator pursuant to the policies established by the Board. 7. Funding The City and County shall annually appropriate funds in amounts sufficient to permit the Board to reasonably operate and conduct the business of the Department. The Board shall on or before September 1 of each year submit to the City and County a proposed budget for the Department for the next calendar year. The proposed budget shall contain all items of receipt (including anticipated unexpended surpluses) and expenditures in such form and content as the City and County shall direct. The City and County shall, based upon the proposed budget, determine the actual amount of their respective appro- priations for the Department. Although the amount of the funds appropriated by the City and the County for the Department shall be and remain the sole and separate respective decision of the City Council of City and the Board of County Commissioners of County, each party shall endeavor to appropriate funds in amounts MEAM which shall be reasonable, fair and equitable to each party and to the Department. 8. Duties of Department The Department shall perform such functions and have such jurisdiction, authority, powers and duties granted to and imposed upon the Department by the Statutes of the State of Colorado, the Rules and Regulations of the Colorado State Health Department, the Charter and Ordinances of the City, and the Resolution and Ordinances of the County and those specifically assumed and exercised by resolution of the Board duly adopted subject to sufficient funds being available therefor. 9. Property The real property and improvements presently occupied by the Department at 151 Central Main Street, Pueblo, Colorado (herein Property), is titled in the name of the County. County does hereby grant to the Department the exclusive right and privilege to use and occupy the Property during the effective term of this Agreement as a health department in furtherance of the purposes contemplated by this Agreement. Costs of maintenance and repair of the Property shall be included in Department's annual budget. City and County have each contributed an equal amount for the cost of acquisition of the real property and construction of improvements thereon. If this Agreement is terminated, the fair market value of the Property shall be determined by a competent qualified appraiser selected jointly by the City and County, and if the City and County are unwilling for any reason to jointly select such appraiser, then such appraiser shall be selected by a District Judge of any District Court in -5- and for the County of Pueblo. The City or County may, with the consent of the other, purchase the other party's interest in the Property for a price equal to one -half of its appraised fair market value. If neither City or County is willing to consent to the purchase of the Property by the other, the party who will continue to use the Property as a health department shall have the right to purchase the Property from the other party for a price equal to one -half of its appraised fair market value. If neither party desires to continue to use the Property as a health department, the Property shall be sold at public sale at which sale either party may be a purchaser. 10. Department Fund The Pueblo County Treasurer shall create a fund designated "Pueblo City- County Health Department Fund" (herein Fund). All monies appropriated to or paid to the Department from any source shall be deposited with the County Treasurer and credited to the Fund. All monies credited to the Fund shall be expended only for the purposes defined in this Agreement and in accordance with the budget approved by the Board upon the written request of the Administrator and President of the Board or such other member of the Board as the President may designate. Prior to the first day of each month, County and City shall cause to be set over or paid to the Fund one - twelfth (1/12) of its annual appropriation to the Department. All monies deposited with the County Treasurer and credited to the Fund until required for payment of Department's obligations shall be invested by the County Treasurer in approved investments as the Board or Administrator shall determine. All dividends, interest and earnings on such investments shall be credited by the Pueblo County Treasurer to the Fund. 11. Joint Meetings. Upon the request of the City Council, Board of County Commissioners, or the Board, meetings may be called for the purpose of discussing any provision of this Agreement or the operation of the Department. 12. Effective Period. This Agreement shall be in full force and effect until December 31, 1983 and from year to year there- after unless sooner terminated by either City or County upon six months written notice given to the other party prior to the end of any calendar year after 1983, in which event, this Agreement shall terminate on midnight December 31 of the calendar year in which such notice was timely given. 13. Amendments This Agreement may be amended or cancelled, in whole or in part, at any time upon the written agreement of City and County. 14. Savings Clause Neither this Agreement nor the termination of the Agreement of March 12, 1956 as provided herein shall affect any action pending in any court or any document heretofore entered into or executed by the Board or any action heretofore taken by the Director or the Board, including without limitation, the adoption of By -Laws and Personnel Policies, nor shall the termination of the Agreement of March 12, 1956 invalidate any existing contracts between the Department and individuals, corporations or public agencies. -7- 15. Severability If any part or provision of this Agreement be held to be invalid such invalidity shall not affect the validity of the remaining parts and provisions of this Agreement. 16. Gender The use of the masculine gender herein is for convenience only, and is intended as a reference to both the masculine and feminine pronoun. Executed the day and year first above written. ATTEST: Pueblo County Clerk and ` -e_c /`der APPROVED AS TO FORM: County torney CITY OF PUEBLO A Municipal Corporation ATTEST: City C1er APPROVED AS TO FORM: ty Attorney By President of the City Council BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO