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Ord 101-84 8/29/1984 r. ORDINANCE NO. 101-84 ORDINANCE CREATING THE WICHITA FALLS - WICHITA COUNTY PUBLIC HEALTH DISTRICT, DEFINING THE TERMS INCORPORATED THEREIN, PROVIDING FOR ORGANI- ZATIONAL AND FINANCIAL ADMINISTRATION, PROVIDING FOR AN ADVISORY BOARD OF HEALTH AND SETTING FORTH ITS COMPOSITION AND DUTIES, PROVIDING FOR SELECTION OF A DIRECTOR/HEALTH AUTHORITY AND A MANAGER, PROVIDING FOR PAYMENT OF COSTS AND FEES , SETTING OUT PROCEDURES FOR ADMISSION, WITHDRAWAL, EXCLUSION AND DISSOLUTION OF MEMBERS, FOR MODIFI- CATION OF AGREEMENT, PROVIDING FOR COORDINATED AUDITS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WICHITA COUNTY UPON THE TERMS AND CONDITIONS HEREIN SET FORTH, REPEALING ALL CONFLICTING ORDINANCES, AND DECLARING AN EMERGENCY. WHEREAS, Texas Civil Statutes Art. 4436 (b) authorizes the establishment of a Health District by a county and one or more incorporated municipalities situated therein to perform the public health functions that any of its members is authorized to perform unless otherwise restricted by law; and, WHEREAS, it is the desire of these two participating and contributing bodies to establish a public health district by mutual agreement for the operation of a coordinated health program throughout Wichita County, excluding other incorporated municipali- ties or eligible governmental entities within the boundaries of Wichita County who do not now or in the future desire to participate in the Wichita Falls/Wichita County Health District; and, WHEREAS, it is the desire of the members that the City of Wichita Falls shall be responsible for the operation of the Wichita Falls - Wichita County Public Health District and that Wichita Member means the City of Wichita Falls , Wichita County, or any other eligible government entity which may be admitted to the Local Public Health District at a future date, and shall include both operating and contributing members, but shall not include government entities who merely contract with the Local Public Health District for services . Physician means a person licensed to practice medicine by the Texas State Board of Medical Examiners. Public Health Board (PHB) means the advisory board of the Local Public Health District. Representative means a person appointed to serve on the advisory public health board for the Local Public Health District. 4 . Organizational Structure and Financial Administration. The budget shall be prepared and administered by the Manager with the advice of the Director/Health Authority and the Public Health Board . The Public Health District shall be operated primarily by the City of Wichita Falls except as provided in this agreement. All personnel shall be appointed by the City Manager according to the personnel procedures of the City of Wichita Falls . The Local Public Health District shall have the power to provide services for non-members by contract, provided that any contract shall have been approved by the City Council of the City of Wichita Falls . County shall be a contributing member whose participation in the operation of the Public Health District shall be limited to those actions expressly set out in this agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . There is hereby created the Wichita Falls - Wichita County Public Health District, which shall hereinafter be referred to as "the Local Public Health District. " 2 . This agreement is made in accordance with and pursuant to the Local Public Health Reorganization Act of 1983, Texas Civil Statutes Art. 4436 (b) . In case of any ambiguity or conflict, the terms and provisions of that Act shall govern so far as is appli- cable . 3 . Definitions. As used in this agreement, unless context otherwise requires: Appointing Body means a member empowered hereby to appoint voting representatives to the Public Health Board . Director/Health Authority (D/HA) means the physician who is to administer state and local laws relating to public health and to act as chief administrative officer of the Local Public Health District . L.P.H.D. means the Wichita Falls/Wichita County Local Public Health District. Manager means the person responsible for all functions of the Local Public Health District which are not required by state law to be performed by a physician. ORGANIZATIONAL CHART Members Public Health Board 1 Representatives } ( I 1 [Operating Member Contributing Member City Manager of Wichita Falls Director/Health Authority.'— — — — — — — Manager I Public Health Services Administration Health Promotion Financial/Budget Medical Programs Personnel Clinical Programs Policies/Procedure 1 Staff MLK Clinic Laboratory Administration Vector Control Nursing Animal Control Air and Water Pollution Food Control General Environmental Health WIC Program 5 . Advisory Public Board of Health. There shall be created an Advisory Board of Health which shall advise the members on matters of public health. The Board shall have the advice and cooperation of the Director/Health Authority and the Manager in the performance of its duties. The Public Health Board shall consist of eleven representa- tives . Seven of the representatives shall be voting representatives and four shall be non-voting representatives . Two of the voting representatives shall be citizens of Wichita County who reside outside the City of Wichita Falls and shall be appointed by the Wichita County Commissioners . However, if the Commissioners Court makes no appointments within thirty days of a request for appointment by the City of Wichita Falls, the Wichita Falls City Council may proceed to fill the position (s) . Five of the voting representatives shall be appointed by the Wichita Falls City Council. Insofar as is possible, voting representatives shall be selected from the following classes : Voting Representatives : - One (1) legally qualified, licensed and practicing physician approved by the medical society of Wichita County; - One (1) legally qualified, licensed and practicing veterinarian; - One (1) legally qualified, licensed, and practicing dentist; - One (1) registered nurse; - Two (2) interested citizens at large; - One (1) member of either the Texas Restaurant Association or the Texas Grocer' s Association. Non-Voting Representatives: The non-voting representatives are hereby designated as follows : - County Judge of Wichita County or his representative; - City Manager of Wichita Falls or his representative; - Director/Health Authority; - Manager. Voting representatives of the Public Health Board shall be appointed for two (2) year terms and may be reappointed for two (2) additional two (2) year terms . The voting representatives may not serve concurrent terms that exceed six (6) years. Public Health Board Voting Representatives will serve two (2) year terms except that three of the voting representatives will be appointed for one year to insure staggered terms . Each representative may be reappointed for two (2) additional two (2) year terms . The initial terms of the voting representatives shall be determined by drawing of lots. An unexpired term will be filled from the representative class in which the vacancy occurs . Each representative must have resided in the Public Health District for a period of three (3) years prior to his/her appointment. Representatives shall serve without compensation. A representative of the board may be removed by the appointing body or by a majority vote of the remaining representatives present, provided there is a quorum of five voting representatives and providing that the Wichita County Commissioners Court approves the removal of any representative who resides outside the city limits of Wichita Falls . Action may be initiated by the Appointing Body or by any representative of the board. The representative being considered for removal shall be provided an opportunity to be heard by the board before the vote is called. A representative may be removed by the voting representative as provided above or by the Appointing Body for neglect of duty, incompetence, malfeasance, or conviction of a felony or misdemeanor involving moral turpitude; however, if any representative misses three (3) consecutive regular meetings without being excused by said Board as a whole, said Board shall declare a vacancy and notify the appointing authority of such fact so that same may be filled. The non-voting representatives shall receive the advice of the Board on matters of public health, including the budget. The Director/Health Authority and the Manager shall administer programs, and shall report to the Texas Board of Health and the Public Health Board as the situation warrants. The Board shall elect a chairman, a vice-chairman and a secretary and shall adopt rules for the conduct of its meetings . Five voting representatives shall constitute a quorum for the transaction of business . The Board shall meet bi-monthly on the fourth Friday of the 2nd month, or at such special meetings as may be called by the chairman, the Director/Health Authority, or the Manager. 6 . Procedure for Selection and Removal of Director/Health Authority. Appointment of a Director/Health Authority shall be made by the Wichita Falls City Manager, who shall seek and receive advice from the members of the Public Health District and the Public Health Board before any appointment. • The Health Authority shall perform all duties as specified in Vernon ' s Ann . Civ. St. Art . 4336 (b) § 3 .01, and shall be subject to all requirements and rules of §§ 3 .02 and 4 .04 of same. The Director/Health Authority may be removed from office pursuant to the personnel procedures applicable to the employees of the City of Wichita Falls. 7 . Manager. Appointment of the Manager shall be made by the Wichita Falls City Manager and shall be removed from office pursuant to the personnel procedures applicable to the employees of the City of Wichita Falls . The Manager shall seek the advice of the Local Public Health Board and the Director/Health Authority in the performance of his duties. The Manager shall perform all management and supervisory functions pertaining to the Local Public Health District as so directed by the City Manager of the City of Wichita Falls, except for those functions which are required by state law to be performed by a physician. 8 . Payment of Costs . The cost of operating the Wichita Falls - Wichita County Public Health District shall be prorated between or among its members as may be separately negotiated and approved by the governing bodies from time to time with the objective that each member pays in direct proportion to the cost of providing specific services to that member. The Manager shall provide information necessary to the members in order that they may anticipate contributions which will be required from them for the next Local Public Health Department fiscal year. Services for which proportionate contributions will be required will be determined by considering the cost of providing staff salaries, supplies, office quarters, health and clinic centers, health services and facilities, maintenance , travel and such other factors as may be included by mutual agreement of the members . 9 . Fees . The Public Health District shall charge fees to persons who receive public health services; provided, however, that no person shall be denied public health services because of his inability to pay for services, and the Public Health District shall make provisions for a reduced fee or no fee for persons unable to pay for the services in whole or in part. 10 . Procedures for Admission, Withdrawal, and Exclusion of Members. Other qualified government entities within the County may apply to become a member of the Local Public Health District. The governing body of each member shall review the application. If a majority of each member approves the application, the govern- mental entity may be admitted to membership upon such terms as are acceptable to the applicants and members . Should a participating governmental agency decide to withdraw from the Public Health District, it shall give six (6) months notice, in writing , to the governing body of each member. Upon the expiration of six (6) months , this agreement then shall no longer bind the withdrawing member; however, the fiscal responsi- bility will be encumbered to the end of the Public Health District' s fiscal year -- namely, October 1 of each year. 11. Procedures for Dissolution. Procedure for dissolution of the Local Public Health District shall be initiated by a member of the district, at which time it shall consult with all members. The members shall use every means to coordinate an orderly dissolution and shall receive the advice of the Public Health Board, Director/Health Authority and Manager in doing so. All actions should be exercised in accordance with existing local, state and federal rules and regulations as they pertain to the termination of personnel, property and the responsibility to provide and pay for services . 12 . Procedures for Modification of Agreement. This agreement may be modified at the request of a member subject to the approval of all members of the Public Health District, provided the changes are in accordance with the Texas Board of Health guidelines and the Local Public Health Reorganization Act. 13 . Approval, Modification and Filing for Record. This cooperative agreement shall be approved by the governing bodies of the City of Wichita Falls and Wichita County and shall be signed by the appropriate officers of same. Modification of the cooperative agreement shall be in writing and shall be effective upon the 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 with the County Clerk of Wichita County, the City Clerk of Wichita Falls, and with the Texas Department of Health. 14 . Application of Uniform Grant and Contract Management Act of 1981 (Vernon' s Tx. Civ. St. Art. 4413 (32g) . Provided that the governing bodies of each member so request by appropriate action, the City of Wichita Falls may apply to the Governor' s office for designation as operator of the Wichita Falls - Wichita County Public Health District and may request a single audit or coordinated audits by all state agencies from which the Public Health District receives funds . 15 . The City Manager of the City of Wichita Falls is hereby authorized to enter into a contract with Wichita County upon the terms and conditions herein set forth. 16 . All ordinances and parts of ordinances in conflict herewith are hereby repealed. 17 . It appearing to the City Council of the City of Wichita Falls that there is an immediate need for passage of this ordinance in order to comply with Texas Revised Civ. Statutes Art. 4436 (b) by September 1, 1984 , as is required therein, there is hereby declared an emergency and this ordinance shall become effective from and after the day of its passage . PASSED AND APPROVED this the =6 'day of , 1984 . /1.111./7-- Y 0 R ATTEST : -- --4-6W-A til " di,--1-126, City Clerk ORDIIIIANCE NO.94-84 Affidavit of Publication AN ORDINANCE CLOSING, VA- CATING, AND ABANDONING AN EASEMENT AND A PORTION • OF 85,A FAITH ALLEY IN LOT 8, BLOCK THE STATE OF TEXAS DIVISION, UNIT 3, WICHITA FALLS,TEXAS COUNTY OF WICHITA ORDINANCE NO.95-84 1 AN ORDINANCE CLOSING, VA-I Here) CATING,AND ABANDONING A (PORTION OF A FIFTEEN (15) Tenth September III FOOT WIDE, NORTH-SOUTH On this day of UTILITY EASEMENT IN LOT 17A, BLOCK 3, MIDWESTERN PARK 1984 SUBDIVISION,UNIT 1,WICHITA A.D. • personally appeared before me, the undersigned authority FALLS,TEXAS ORDINANCE NO.96-84 ORDINANCE CLOSING HEAR- ' Katherine H. Parrish , bookkeeper ING AND FINDING CERTAIN BUILDINGS AND/OR STRUC- COMMANDING D PROPERTY for the Times Publishing Company of Wichita Falls, publishers of the OWNERS TO REPAIR OR DE- MOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN Wichita Falls Record News, a newspaper published at Wichita Falls in THIRTY(30)DAYS OF THE DATE OF THIS ORDINANCE- AND Wichita County, Texas, and upon being duly sworn by me, on oath states DECLARING AND EMERGENCY ORDINANCE NO.97-84 ORDINANCE CLOSING HEAR- that the attached,advertisement is a true and correct copy of advertising ING AND FINDING CERTAIN BUILDINGS AND/OR STRUC-1 One ( 1 ) issues thereof on the following TURES TO BE DANGEROUS published in_._._... COMMANDING PROPERTY RS TO BUI DINGS AND ORIDECLAR-' dates: September 8, 1984 ING AN EMERGENCY • • ORDINANCE NO.98-84 1 ,1-2 ORDINANCE WAIVING SEC- TION 22-1(a) 2, 9 AND 10 OF I (--j-e %�'� el.1,--ii1,..-� , U.- THE CODE OF ORDIANNCES TO ALLOW A TEMPORARY RIDING STABLE IN LUCY PARK Bookkeeper for Times Publishing Company ORDINANCE NO.99-84 1 of Wichita Falls ORDINANCE WIAVING ORDI-1 NANCES CONCERNING CITY ENFORCEMENT OF DEED RE-j BLOCK FOR LOTS 1 & 2,1 Subscribed and sworn to before me this the day and year first above BD CC IT FALLS,,VILLAGE,UNIT (SEAL) written. II,WICHITA FALLS,TEXAS � --� ORDINANCE No. 100-84 ORDINANCE ACCEPTING IM- PROVEMENTS OF A PORTION' ( OF THE 1983 CAPITAL IM -1 PROJECT NO ,ff ... • \ ' 83-1 IN THE CITY OF WICHITA �, (/ y v.... FALLS, TEXAS AS DESIGNATED( 4/--,,, 1 . IN ORDINANCES NO 17-84 N; y Public, Texas DECLARING THE CONTRACT ,A:A- > �y�' WITH ZACK BURKETT COM- 4'P� iy-Y Commission Expires PANY,-WICHITA FALLS, TEXAS, ; .y FOR THE CONSTRUCTION OF Ii d e w:::<«', ` SAID IMPROVEMENTS FULLY TeXas COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EX- n E'XpiY'eu ECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED I ORDINANCE NO.101-84 AGAINST SOME OF SAID j ORDINANCE CREATING THE ASSESSEMENTS; DIRECTING - WICHITA FALLS - WICHITA THE CITY CLERK TO ENGROSS - COUNTY PUBLIC HEALTH DIS- AND ENROLL THIS ORDINANCE 1 TRICT,DEFINING THE TERMS IN- BY COPYING THE CAPTION OF I CORPORATED THEREIN, SAME IN THE MINUTE BOOK OF I PROVIDING FOR ORGANIZA- THE CITY COUNCIL OF THE CITY TIONAL AND FINANCIAL AD- OF WICHITA FALLS,TEXAS,AND , MINISTRATION, PROVIDING BY FILING THE COMPLETE ORDI- I FOR AN ADVISORY BOARD OF NANCE IN APPROPRIATE ORDI- I HEALTH AND SETTING FORTH NANCE RECORDS OF SAID CITY, 1 ITS COMPOSITION AND DUTIES, AND PROVIDING AN EFFECTIVE PROVIDING FOR SELECTION OF DATE A DIRECTOR/HEALTH ORDINANCE NO.101-84 I AUTHORITY AND A MANAGER, ORDINANCE CREATING THE PROVIDING FOR PAYMENT OF WICHITA FALLS - WICHITA COSTS AND FEES.SETTING OUT COUNTY PUBLIC HEALTH DIS- - PROCEDURES FOR ADMISSION, TRICT,DEFINING THE TERMS IN- ; WITHDRAWAL, EXCLUSION CORPORATED THEREIN, AND DISSOLUTION OF MEM- PROVIDING FOR ORGANIZA- BERS, FOR MODIFICATION OF TIONAL AND FINANCIAL AD- AGREEMENT, PROVIDING FOR MINISTRATION, PROVIDING COORDINATED ADUITS, FOR AN ADVISORY BOARD OF AUTHORIZING THE CITY MAN- HEALTH AND SETTING FORTH AGER TO ENTER INTO AN ITS COMPOSITION AND DUTIES, AGREEMENT WITH WICHITA • PROVIDING FOR SELECTION OF COUNTY UPON THE TERMS A DIRECTOR/HEALTH AND CONDITIONS HEREIN SET AUTHORITY AND A MANAGER, I FORTH, REPEALING ALL CON- PROVIDING FOR PAYMENT OF FLICTING ORDINANCES, AND COSTS AND FEES.SETTING OUT DECLARING AN EMERGENCY. PROCEDURES FOR ADMISSION, - WITHDRAWAL, EXCLUSION AND DISSOLUTION OF MEM- BERS, FOR MODIFICATION OF AGREEMENT, PROVIDING FOR COORDINATED ADUITS, AUTHORIZING THE CITY MAN.