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HomeMy WebLinkAbout09-13-84-11 - Resolution - 09/13/1984RESOLUTION NO. 09-13-84-11 RESOLUTION AUTHORIZING THE CITY MANAGER, MAYOR, CITY ATTORNEY CITY SECRETARY TO SIGN A COOPERATIVE AGREEMENT WITH BRAZOS :EOUNTY PUBLIC HEALTH DISTRICT WHEREAS, on the 13th day of September, 1984, the City met and considered the Cooperative Agreement with Brazos Public Health District, attached hereto. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ~OLLEGE STATION, TEXAS, THAT: After consideration of the Cooperative Agreement with County Public Health District, the City Council hereby zes the City Manager, Mayor, City Attorney and City y to execute the agreement attached heretD. 84 . PASSED AND APPROVED this 13th day of September MAY~Y-~{A-LTER ~ITY SECRE -1- 26-1050.2 BRAZOS CfXJNI~ PUBLIC HEALTH DISTRICT CO(~ERATIVE AGREfMENT In accord with the requirements as set out in Article 4436b, Texas Civil Statutes, herein called "the Act", the Brazos County Health Unit is being reorganized. It shall be a Public Health District as established under Article IV of the Act. It shall be named the Brazos County Public Health District. It shall consist of all the area located inside the Texas County of Brazos. Membership in the Brazos County Public Health District shall consist of the Brazos County Co~missioners Court and the City Councils of the incorporated ~unicipalities of Bryan and College Station which are located within Brazos County. (1) BCPHD means Brazos County Public Health District (2) BOARD means the Texas Board of Health (3) COMMISSIONER means the Co~m]ssioner of Health (4) DEPARTMENT means the Texas Department of Health (5) DIRBCTOR means the chief a~ministrative officer of the BCPHD (6) HEALTH AUTHORITY means the physician who is to administer state and local laws relating to public health (7) M~BER means a ~unicipality, a county, or other governmental entity which is a participant in a Public Health District (8) PHYSICIAN means a person licensed to practice medicine by the Texas State Board of Medical Examiners (9) PUBLIC HEALTH BOARD means an administrative board of a Public Health District (10) PUBLIC HEALTH DISTRICT means a department of health established under Article IV of the Act (11) REPRESENTATIVE means a person appointed to serve on a Public Health Board of a Public Health District (12) RBGION means a geographic area of the State of Texas as determined by the Texas Department of Health This cooperative agre~nent shall set out the terms of the operation of the Brazos County Public Health District in accord with Article IV, Section 4.03(a) of the Act. 00l 551 (1) Organizational structure and financial administration The budget shall be prepared and administered by the director with advice of the public health board. ID~R BCPHD sealth Authority I Brazos County Public Health District (2) (3) Cooperative agreement may be modified at the request of a member subject to the approval of governing bodies of the members (who may consult with and receive reconm~ndations from the public health board). Procedures and criteria for the __~dmission, withdr~al, and expulsion of members shall be developed by the public health board and approved by the members' governing bodies. At such time as all factors and conditions have been investigated, including but not limited to all provisions of this Act, the matter will be referred to the public health board for recommendation to the members for action. (4) Procedure for the dissolution of the organization shall be initiated and through the director at which time he shall consult with all members and the public health board. The director shall use every means to coordinate an orderly dissolution of the organization. At such time as all details have been resolved, the director shall report to the public health board which shall make reconm~ndation to the governing bodies of the members who shall take final action on the project. All actions shall be exercised in accord with existing local, state, and federal law, rules and regulations as they pertain to the termination of personnel, property and the responsibility to provide for services. (5) Procedure for the selection and re~oval of the director: (A) The director of the existing Brazos County Health Unit shall be the director of the Brazos County Public Health District. Appointment of a director when the position becomes vacant shall be made by the governing bodies of the members subject to this Act and the approval of the Texas Board of Health. -2- 00 552 The director shall be a physician and will serve as the chief administrative officer of the Brazos County Public Health District. The director shall be the "Health Authority" and will perform all duties as specified in Article III, Section 3.01 of the Act, and shall be subject to all the requirements and rules of Section 3.02. The director may be r~moved from office by the member governing bodies for lack of satisfactory discharge of duties, alcoholism, drug abuse, conviction of a felony, misappropriation of funds or property, embezzler~nt, physical or mental impairment (disability) which permanently prevents satisfactory discharge of duties. This cooperative agreement shall provide for the creation of an advisory public health board, in accord with Article IV, Section 4.03(b) of this Act. (1) and (2) The public health board shall consist of one representative from each of the three member entities. Each city council will select a member of its respective council or the city manager as its representative. The county conmissioners' court will select one of its c~-,~,,issioners or the county judge as its representative. (3) (4) Public health board representatives will serve tw~ years except that one of the representatives will be appointed for a one year term on initial appointment to insure staggered terms. Each representative ma_v be reappointed for four consecutive terms. Names of all members will be placed in the hat at the first public health board meeting. The first name drawn will be assigned a one year initial term. An unexpired term will be filled by the member body from which the vacancy occurred. Each representative must have resided in the Brazos County Public Health District for a period of three years prior to his/her appointment. (5) ~presentatives shall serve without compensation. (6) (7) Failure to attend four consecutive public health board meetings without a valid reason will be grounds for automatic removal of a representative. Except for automatic removal specified herein any action to remove a representative shall be undertaken by the member appointing such representative. The member considering re,oval shall be the sole judge of the reason it chooses to remove its representative. The director shall serve as an ex-officio non-voting member of the public health board. The public health board shall advise members and the director on matters of public health including the budget. The director will administer the program and shall report to the Texas Board of Health and the public health board as the situation warrants. This cooperative agreement shall provide that members pay for costs necessary for operation of the public health district including but not limited to - 3- staff salaries, supplies, suitable office quarters, health and clinic centers, travel, and maintenance. This provision is in accord with Article IV, Section 4.06 of the Act. This cooperative agreement shall be approved by the governing body of each of the three members and shall be signed by the appropriate officers of each governing body. Modification of the cooperative agreement shall be in writing and shall be effective upon approval of the governing body of each member. A copy of the cooperative agreement and any subsequent modifications shall be included in the minutes of the governing body of each member and shall be filed by the county and city clerks of all affected entities and by the Texas Department of Health. This Cooperative Agreement shall become effective August 31, 1984. CITY OF BRYAN Dorothy D. ~allett, 'Ctty Secretary Dian Jone~ty Secretary APPROVED AS TO FO~M: Ron Blatchley, Mayor ~ APPROVfD AS TO SUBSTANCE: Ernest R. Clark, City Manager Gary Hal~, ~4a~6r APPROVED AS TO SUBSTANCE: Cathy Locke, Acting City Attorney ATI~ST: North Bardell, City Manager BRAZOS COUNTY Frank Boriskie, County Clerk R. J. Holngreen, County Judge -4-