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Home My WebLink About90- City and County Establishing Board of Health . . , . . f . r" . AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOZEMAN AND THE COUNTY OF GALLATIN ESTABLISHING A CITY-COUNTY BOARD OF HEALTH THIS AGREEMENT i s made and entered into by and between Gallatin County, a political subdivision of the State of Montana (County) and the City of Bozeman, a municipal corporation (City), under Title 7 , Chapter 11 , Pa rt 1 of the Montana Code Annotated. WHEREAS, City-County Boards of Health are allowed by mutual agreement between the county commissioners and the governing body of a first-class city, Section 50-2-106, MCA; NOW~ THEREFORE, IT IS UNDERSTOOD AND AGREED between the County and City in accordance with Section 7-11-105, MeA, as follows: 1. TERM: This agreement shall be perpetual, unless modified or terminated as provided herein. Either party may request an amendment by serving a written notice on the other party. The amendment shall be effective when ratified by both the City and the County. Either party may terminate this agreement by resolution and service of written notice upon the other party that i t intends to terminate at least six months before the end of a fiscal year. 2. ORGANIZATION: The City-County Board of Health shall be composed of six ( 6 ) members: a. A County commissioner or a representative b. A City commissioner or a representative c. Two ( 2 ) members appointed by the Board of County Commissioners d. Two (2) members appointed by the City Commission Members shall serve for three year terms, which shall be staggered. On the initial board, the commissioners or thei r representative(s) shall have three year terms; the County Commissioners shall appoint one member for a two year term and one member for a one year term; and, the City Commission shall appoint one member for a two year term and one member for a one year term. A vacancy shall be filled for the unexpired term. The number of voting members on the City -Cou nty Board of Health may be increased by resolutions of both the City and the County. ------..-. --,." . .. . . . . The Board of Health may appoint advisory representatives, to gain information from various disciplin~s and geographical areas. The advisory representatives would serve for two year terms and would not have the right to vote. 3. PURPOSE OF INTERLOCAL AGREEMENT: To create a City-County Board of Health and to define the membership and responsibilities of the Board. 4. FINANCING AND BUDGETING: There shall be one special levy for not more than 5 mills on the taxable value of all. property within the County, including property within the the City, as authorized by Section 50-2-111(2), MCA. The Board of Health shall submit a proposed budget to the County in the way provided for other county offices and departments under Title 7 chapter 6, part 23, and to the City in the way provided for other city offices and departments under Title 7, chapter 6, part 42. The City Commission and the County Commission shall agree upon the budget. All monies shall be deposit!d with the County Treasurer who shall disburse them as county funds. 5. DISPOSAL OF PROPERTY UPON TERMINATION: Either party may purchase any or all of the real and personal property by payi ng the other party its I ratio of the city-county tax levy for the appraisal price as established by a third party. If both parties desire a specific item, then lots shall be drawn to determine which party may purchase it. Property which is not purchased by the parties will be auctioned and the proceeds divided according to the ratio of the city-county tax levy. 6. ADMINISTRATION OF AGREEMENT: The City-County Board of Health shall: a. appoint a local health officer who is a physician . or a person with a master1s degree in public health or equivalent and appropriate experience as determined by the Department of Health and Environmental Sciences and set the salary of the health officer; b. elect a chairman and other necessary officers; c. employ necessary qualified staff, within the budget appropriated. The staff shall be considered County employees for administrative purposes and shall be subject to the County Personnel Manual; d. adopt bylaws to govern meetings; . . . .. . e. hold regular meetings quarterly and special meetings as necessary; f. supervise destruction and removal of all sources of filth which cause disease; g. guard against the introduction of communicable disease; and, h . supervise inspections of public establishments for sanitary cond it ions. The City-County Board of Health has the power and authority to: a. quarantine persons who have communicable diseases; b. require isolation of persons or things which are infected with communicable diseases; c. furnish treatment for persons who have communicable diseases; d. prohibit the use of places which are infected with communicable diseases; e . require and provide means for disinfecting places which are infected with communicable deseases; f . accept and spend funds received from a federal agency, the state, a school district, or other person; g. contract with another local board for all or a part of local health services; h. reimburse local health officers fo r necessary expenses incurred i n offical duties; i. abate nuisances affecting public health and safety or bring action necessary to restrain the violation of public health laws or rules; j . adopt necessary regulations and fees for the control and disposal of sewage from private and public biildings not currently connected to any municipal sy stem (fees shall be deposted with the county treasurer); and k . adopt rules which do not confl i ct with rules adopted by the Department of Health and Environmental Sciences: 1 ) for the control of communicable diseases; 2 ) for the removal of filth which might cause disease or adversely affect public health; . .. . .. . 3) for sanitation in public buildings which affects public health; 4) for heating, ventilation, water supply, and waste disposal in pUblic accommodations which might endanger human lives; and, 5) for the control and disposal of sewage from private and public buildings and for the maintenance of treatment systems which do not discharge an effluent directly into state waters and which are not reqired to have an operating permit as required by rules adopted under Section 75-5-401, MCA. 7. MANNER OF ACQUIRING, HOLDING, AND DISPOSING OF REAL AND PERSONAL PROPERTY: Property will be acquired and disposed of according to Montana law and shall be held in the name of the City-County Board of Health. Proceeds from the disposal of real or personal property shall be deposited with the County Treasurer and credited to the City-County Board of Health, unless the disposal is according to the termination section of this agreeement. 8. OTHER NECESSARY AND PROPER MATTERS: a. The County Attorney shall serve as legal advisor to the Board. b. Other provisions of Title 50 Chapter 2 of the Montana Code Annotated shall guide and direct the Board in its actions. IN WITNESS WHEREOF, the parties have approved this agreement the dates listed below. BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY If?o~ A~ Date: ({ -,77- 90 amon S. White, Chairman . ~ fl~ftc- Date: {,-d'l-'ftJ cYa n e J e 1 ii, M e m b e r I" A~' IJl' .t "/ / ~ ' ,,'.'~ ... :''''''-7 1,1 I." ,;/":4<. ' " l D ate: , '/ C( i"/tl'h! f I A: D. Pruitt, Member I ATTEST: .sr..u..;d;tl- ChL'!-'L 'Z; - I e '- //?rV ..,.-r}. C2p7, '/J'7JU..r . d ' ~ II ey M. C hen ey, C 1 e r k and R e c of de r. " '. , , . . r . \ . CITY OF BOZEMAN BY~~/2.C~~ Date: June 25, 1990 Cit Manager ATTEST: ~o!~ Clerk of the Commission APPROVED BY THE ATTORNEY GENERAL OF THE STATE OF MONTANA: 'MON'fANA DEPARTMENT OF JUSTICE . , ) " I 19 (:~I . (.. ,~ ~_..: -..', " ...-- , AP?RDYED AS TO FORM 7\{AA~ ~fUA,J-, /\ C' ATTORN~Y GE~;ERAL By , ,,/,-r (t-vv (J-~ l,l.i.-J ,S o"y"-.-) I Assi~tant ------------- .I ..... . . . , . .. ... AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOZEMAN AND THE COUNTY OF GALLATIN ESTABLISHING A CITY-COUNTY BOARD OF HEALTH This amends the original Interlocal Agreement between the City of Bozeman and the County of Gallatin establishing a city-county Board of Health. Paragraph 7 is amended to read: 7. MANNER OF ACQUIRING, HOLDING, and DISPOSING OF REAL AND PERSONAL PROPERTY: Property will be acquired and disposed of according to Montana law and shall be held in the name of the city- County Board of Health. Proceeds from the disposal of real or personal property shall be deposited with the County Treasurer and credited to the city-.County Board of Health, unless the disposal is according to the termination section of this agreement. If the property to be sold is reasonably of a value of less than $2,500, - the sale may be either public or private at the discretion of the Board. If the property to be sold is reasonably of a value of more than $2,500, the sale must be public. IN WITNESS WHEREOF, the parties have approved this Amendment on the dates listed below. BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY 10 ~ '")" /. n a IV Y /{/U( Date: 3~ Jztfi~ q 3 A.D. Pruitt, Chairman ~F'~ (J~ Date: //-Je;) - 93' Utane J~inski, Member ) B ' K~jp I.UYlJ~ Date: / /-- 3i)- t 5 Kr i s Dunn, Member I ' ATTEST: S~ }\. CNne9 ~., >>~/J./'{l2 ap'~//,. ff:v.l~ . elley M. CHeney, Clerk a'nd eco. er /, ...... "', - , " .. ~ ...' AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOZEMAN AND THE COUNTY OF GALLATIN ESTABLISHING A CITY-COUNTY BOARD OF HEALTH CONTINUED CITY OF BOZEMAN Date: I 6-1- ~ ~ ATTEST: ~ ~~~f the Commission