HomeMy WebLinkAbout90- Establishing City-County Board of Health
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AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF BOZEMAN AND 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 (C i ty ) 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, MCA, 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 copy
on the other party. The amendment shall be effecti ve when
ratified by both parties.
Either party may terminate t his agreement by resolution and
service of written notice upon the other party that it intends to
withdraw at least six months before the end of a fiscal year.
2. ORGANIZATION: In accordance with Section 50-2-106, MCA, the
City-County Health Board shall be composed of five ( 5 ) members:
a) A County commissioner or a representative
b) A City commissioner or a representative
c) Three ( 3 ) additional members to be appointed
by the Board of County Commissioners and
approved by the City Commission.
All members shall serve for a three year term which terms are
staggered. Vacancies shall be filled for the unexpired term.
The number of members on the City-County Health Board may be
increased by resolutions of both the City and the County.
3 . PURPOSE OF INTERLOCAL AGREEMENT: To create a City-County
Health Board and to define the membership and responsibilities of
the Board.
4. FINANCING AND BUDGETING: There shall be one special 1 e vy 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.
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The Health Board shall submit a proposed budget to the County i n
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 money shall be deposited with the County Treasurer who shall
disburse them as county funds.
5. DISPOSAL OF PROPERTY UPON TERMINATION: All property acquired
shall be distributed between the City and County on an equitable
basis.
6. ADMINISTRATION OF AGREEMENT: The City-County Health Board
shall:
a . appoint a local health officer who i s a physician
or a person with a master's degree i n 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 are subject
to the County Personnel Manual;
d. adopt by 1 a w s to govern meetings;
e. hold regular meetings quarterly and speci al
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 conditions.
The City-County Health Board has the power and authority to:
a . quarantine persons who have communicable diseases;
b. require isolation of persons or thi ngs which are
infected with communicable diseases;
c. furnish treatment for persons who have communicable
diseases;
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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 recei ved from a federal
agency, the state, a school district, or other person;
g. contract with another local boa rd for all or a part
of local health services;
h. reimburse local health officers for 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 ru 1 e s ;
j . adopt necessary regulations and fees for the
control and disposal of sewage from private and publ'ic
biildings not currently connected to any municipal
system (fees shall be deposted with the county
treasurer);
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 ) on sanitation i n publ ic buildings which
affects public health;
4 ) for heating, ventilation, water supply,
and waste disposal i n 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
di scharge 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 wi 11 be acqui red and disposed of
according to Montana law and shall be held i n the name of the
City-County Health Board.
8. OTHER NECESSARY AND PROPER MATTERS: a . The county attorney
shall serve as 1 egdl advisor to the Board.
b. Other provisions of Title 5U Chapter 2 of the Montana Code
Annotated shall guide and direct the Board i n its actions.
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IN WITNESS WHEREOF, the parties have approved this agreement the
dates listed below.
BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY
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Fl~ '~, '- Date: ~-B~9(J
R~mon S. White, ' hairman
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~'\i, 'k.L./ .L--tcJt-<t-h D ate: ~)-- J - Cj';'
, Jane linski, Member
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, I' / "", {{.>t. ' D ate . ' !,
~~p'rui'tt, Member
ATTEST:
Shel~e~ii~. ~1e~~:\lerk and Recorder
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CITY OF BOZEMAN
BY Date:
City Manager
ATTEST:
Clerk of the Commission
APPROVED BY THE ATTORNEY GENERAL OF THE STATE OF MONTANA:
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