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Res 437 12/23/1960Lefri-clat, RESOLUTION NO. 3 7 A RESOLUTION ADOPTING THE TERMS OF ARTICLE 44.36a-1 OF VERNON' S ANNOTATED CIVIL STATUTES; AUTHORIZING THE CREATION OF A CITY-COUNTY BOARZ) oP HEALTH COIMISTI'NG OF SEVEN (7) MEMBERS WHICH BOARD OF HEALTH SHALL HAVE THE DUTY OF DIRECTING AND SUPERVISING OF WICHITA CITY-COUNTY HEALTH UNIT . WHEREAS, the City of Wichita Falls and Wichita County have heretofore been operating jointly the Wichita Falls City-County Health Unit, and WHEREAS, the City of Wichita Falls and the County of Wichita desire to create a Board of Health under the provisions of Article 4.436a-1 of Vernon' s Annotated Civil Statutes to better manage said Health Unit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS; Section 1. THAT, the provisions of Article LE436a--1 of Vernon' s Annotated Civil Statutes, which reads as follows: Article 4436a-1. City-County Health Units in counties containing incorporated city Cooperation by Commissioners Court and City Council Section 1. In any county containing an incorporated city the Commissioners Court and the City Council of such county and city by a suitable order of each of said bodies duly entered on the minutes of the Commissioners Court and. City Council may co-operate in forming a City-County Health Unit and combine health units of each political subdivision for such purpose and appropriate such funds by each of said governing bodies as may be agreed upon by the two said governing bodies to the combined health unit in such proportion as may be agreed upon between said Commissioners Court and said City Council. Where any City-County Health Unit has been heretofore established and the population of the city participating in said health unit has exceeded one hundred and twenty thousand (120,000) according to the 1950 federal census, the joint operation of such health unit between the date of the 1950 census and the effec- tive date of this Act is hereby validated. As amend- ed Acts 1957, 55th Leg. p. 186, ch. 84.. City-County Board of Health: appointment; qualifications; term of office Section 2. Said Health Unit shall be under the direc- tion and supervision of the City-County Board of Health, which shall consist of seven (7) members, resider citizens of the county, who shall have resided in said county for a period of more than three (3) years next preceding the time of their appointment. All of such members shall be appointed by the joint action of the Commissioners Court and the City Council. Three (3) of the members shall be legally qualified, licensed, and practicing physicians, and shall be approved by the Medical Society of the county; one of the members shall be a qualified, licensed, and practicing dentist, and shall be approved by the Dental Society of the county, all members shall serve without compensation. Of the first members of said Board, four (L1 ) shall serve for a period of one (1) year and three (3) for a period of two (2) years, and thereafter, appointments shall be for a period of two (2) years, except those appointees who fill the .un- expired term of some member. All vacancies caused by the expiration of a term, . death, resignation, or removal of members shall be filled by the appointing bodies as above prescribed. No member shall be removed from office except for neglect of duty, incompetence, mal- feasance, or conviction '0 a felony, and then only 2 after notice of the charge made and a full hearing before the appointing bodies with the right of the member removed to appeal to the Courts and have a trial de novo, provided, however, that if any member misses arty three ('3) GLnsecutive, re ulcer meetings without being excused by the Board as a whole, the Board shall declare a vacancy and notify the appointing authority of such fact, so that same may be filled. The Board shall make such rules and regulations for the proper conduct of its duties as it shall find necessary and expedient, and shall possess full supervisory powers over the public health of the county and over the functioning and personnel of the City-County Health Unit, and shall be authorized to make any and all such rules and regulations not in conflict with the ordinances of the city and laws of the State, as they may deem best to promote and preserve the health of the county. All matters of public health involving the expenditure of public , funds shall be submitted to the Board for its study and recommendations before final action is taken thereon by the City Council and Commissioners Court. Budget Section 3. Prior to preparation of the budget by the City Council and the Commissioners Court, for the operation of the City-County Health Unit, recommend&= tion shall be obtained from the Board with regard thereto and after the budget has been fixed, the Board shall have the same power of transferring funds from item to item as is possessed by the City Council and Commissioners Court over budgets of city and county. Managing directors; appointment and removal Section 4.. A director shall be appointed to actively. manage the operation of the Health Unit under the supervision of the City-County Board of Health. Said director shall be appointed jointly by the Commissioners Court and the City Council, subject to the approval of the City-County Board of Health. The director may be removed at will by the appointing authorities. Like- wise, the director may be, removed by the City-County Board of Health, provided that such action shall be subject to review by the appointing authorities, and if requested by the director, a hearing will be had before the appointing authorities to pass upon the action of the Board in removing said director, and said appointing authorities may reinstate said director. No County Health Officer and no City Health Officer shall be appointed in any such health unit. Employees; salaries Section 5. The Commissioners Court and the City Council shall determine the number of employees to constitute the Health Unit and shall fix the salaries of such employees, provided however, that prior to eliminating any or creating any such position in said Unit or to fixing or changing any salary of any employee thereof, the Commissioners Court and City Council shall request recommendation from the City-County Board of Health with regard thereto, although such recommendation shall not be binding on such bodies. Salaries of said employees being once fixed, no increase or decrease shall become effective without approval of the Board of Health, provided further, however, that nothing herein shall prevent the Commissioners Court and City Council, for reason of economy, in eliminating any position or in generally cecreasing the salaries . A All employees of the Health Unit, other than the 3 director as hereinabove set out, shall be appointed and may be discharged or suspended without pay by the director , subject to the approval of the Board of Health and of the Commissioners Court and City Council. Duration of existence of unit Section 6. After the City Council and Commissioners Court have, by resolution, determined to create a City- County Health Unit under the terms of this Act, said Unit shall remain in existence for at least a period of two (2) years, during which time said Commissioners Court and City Council shall be without authority to abolish said Unit, but at the end of every two-year period, said respective bodies shall determine, by resolution,whether said Unit shall be continued as a City-County Health Unit or shall be operated separately as now provided by law. Co-operation with other counties Section 7 . Any City-County Health Unit created under this Act, having determined by resolution in joint action of the Commissioners Court and City Council that it is to the best interest of the county and city to co-operate with one or more counties having a population of not more than fifteen thousand (15,000) inhabitants in the operation of a Health Unit, may co-operate with such county or counties under such arrangement as may be entered into between the City Council and the Commissioners Court of said City- County Health Unit and the Commissioners Court of said county or counties. Any county having a opula- tion of not more than fifteen thousand (15,000) inhab- itants which desire to cooperate with any City- County Health Unit created under the terms of this Act, may, through action of its Commissioners Court, co-operate with said City-County Health Unit as provided in this Section. Acts 1939, 46th Leg. Spec . L. p. 844 . " are hereby adopted and the office of the City-County Board of Health is hereby created. Section 2. In compliance with Section 2 of Article 44.36a-1, the City of Wichita Falls and the County of Wichita jointly appoint the following seven (7 ) members to the Board of Health: R . L. Daily, M. D. (Wichita Falls) Joseph Janeke, L.L.B. (Burkburnett) William Rector, M. D. (Wichita Falls ) - -2 Arch Hughes (Iowa ,Park) - P. F. Richardson, D.D.S. (Electra) Aubrey Cox, M. D. (Wichita Falls) r Dan Roberts, D.V.M. (Wichita Falls) i Of said seven (7) members the first three (3) , to wit: R. L. Daily . M. D. , Joseph Janeke , L.L.B. , and William Rector, M. D. shall serve for a term of two (2) years and the remaining four (4) members shall serve a term of one (1) year': The appointments shall be effective the first of January, 1961, and each year on January 1st, new appointments shall be made. PASSED AND APPROVED, this J, day of , A. D. 19 420. ATTEST : enne `.nos -on, 'ayor A. L. Fits, tIty Clerk rN O R D E R At a meeting of the Commissioners ' Court of Wichita County, Texas, held on the 3rd day of January, 1961, with the following members present : Hon. Temple Driver, County Judge D. W. Wiley, Commissioner, Precinct 70. 1 G. Clark Gresham, Commissioner, Precinct No. 2 E. E. Voyles, Commissioner, Precinct No. 3 H. C. Greer, Commissioner, Precinct No. 4 the following minute was adopted : 701-C) Motion made by Mr. Voyles and seconded by Mr. Gresham that the City of Wichita Falls and the County of Wichita jointly appoint the following seven members of the City-County Board of Health, effective January 1, 1961: Members appointed by Wichita County: R. L. Daily, M. D. (Wichita Falls ) 2 years /,' Joseph Janeke, L. L. B. (Burkburnett ) 2 years Arch Hughes (Iowa Park) 1 year s P. F. Richardson, D. D. S . (Electra) 1 year Members appointed by City of Wichita Falls : William Rector, M. D. (Wichita Falls ) 2 years Aubrey Cox, M. D. (Wichita Falls ) 1 year Dan Roberts, D. V. M. (Wichita Falls) 1 year Motion carried unanimously. STATE OF TEXAS COUNTY CF MIC HIT A I I, DCRA DAVIS , County Clerk of Wichita County, Texas , do hereby certify that the above and foregoing is a true and correct copy of an order entered on the minutes of the Commissioners , Court on January 3 , 1961. Witness my hand and seal of office, this 19th da- of January, A. D . 1961. DORA DAVIS , COUNTY CLERK WICHITA COUNTY, TEXAS BY; DEPUTY