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4. Resolution 4914 - Interlocal Agreement Amendment - City County Health DepartmentCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 758-7000 Fax - (406) 758-7758 REPORT TO: Honorable Mayor and City Council FROM: Chris Kukulski, City Manager SUBJECT: Expansion of the City/County Health Department Board MEETING DATE: July 19, 2004 BACKGROUND: Resolution 4914 authorizes Mayor Kennedy to sign the attached amendment to the Inter -local Agreement between the City of Kalispell and Flathead County in order to add two addition seats to the City/County Health Board. Councilmen Larson is the City's representative on this board and he is in favor of the amendment. FISCAL EFFECTS: None. RECOMMENDATION: The City Council pass Resolution 4914 which authorizes Mayor Kennedy to sign the attached amendment to the City/County Health Board Inter -local Agreement by adding two seats the City/County Health Board. Respectfully submitted, Al Chris A. Kukulski, City Manager RESOLUTION NO.4914 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA APPROVING AN AMENDMENT TO THE CITY -COUNTY HEALTH DEPARTMENT INTERLOCAL AGREEMENT REGARDING THE ADDITION OF TWO MEMBERS TO THE CITY -COUNTY HEALTH BOARD. WHEREAS, the City and the County previously agreed to maintain a City -County Health Department by Interlocal Agreement dated May 19, 1976; and WHEREAS, due to population growth, it has been determined that there should be nine members on the City -County Health Board, instead of seven; and WHEREAS, the attached proposed Interlocal Agreement consists of the amendment proposed by the Flathead County Board of Commissioners; and WHEREAS, it would be in the best interests of the City of Kalispell, and its inhabitants, to approve the proposed Interlocal Agreement, attached hereto as Exhibit "A" and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION L That the proposed Interlocal Agreement, attached hereto as Exhibit "A", is hereby approved, and the Mayor of the City of Kalispell is authorized to execute it on behalf of the City of Kalispell. SECTION H. This resolution shall take effect immediately upon its adoption by the City Council, PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 19TH DAY OF JULY, 2004. Pamela B. Kennedy Mayor Attest: Theresa White City Clerk INTERLOCAL AGREEMENT FLATHEAD COUNTY BOARD OF COMMISSIONERS AND CITY OF KALISPELL THIS AGREEMENT is made and entered into this day of 20_, by and between FLATHEAD COUNTY BOARD OF COMMISSIONERS, Flathead County, Montana, hereinafter referred to as "County", and the CITY OF KALISPELL, a municipal corporation, Flathead County, Montana, hereinafter referred to as "City". The City and the County previously agreed to maintain a City -County Health Department, by Interlocal Agreement dated May 19, 1976. That agreement shall be terminated by mutual consent on the date on which this agreement becomes effective, by the execution of this agreement. It is the intent of the parties that the present City - County Health Department shall remain in tact, but shall function under this agreement as of its effective date. The City and County hereby agree to the following purposes, powers, rights, obligations and responsibilities: 1. Commencing with the date of filing of this Interlocal Agreement with the Clerk and Recorder of Flathead County and the Secretary of State of Montana, this agreement shall run until terminated as provided in paragraph 5 hereof. 2. A City -County Health Department shall be established under the provisions of Chapter 2, Title 50, Montana Code Annotated. The City - County Health Department will operate under the supervision and control of the City -County Health Board as set out in Section 6 below. 3. The purpose of this agreement is to maintain one organization that has countywide jurisdiction in matters of health. 4. The manner of financing this joint undertaking and establishing and maintaining a budget therefore shall be in accordance with Section 50- 2-111(2), as follows: The City and County hereby agree that the 1 of 3 expenses of the City -County Health Department will be apportioned by the use of a ratio which will result in the City and the County levying an identical mill -levy, allowed by Section 50-2-111 (2)(b) and (c), M.C.A., in order that all property in Flathead County, outside of the City limits of the city of Kalispell, will be levied upon equally. 5. Upon agreement of both the County and the City this agreement may be terminated. Either party may terminate this agreement by passage of a resolution of the governing body of that party and service of written notice upon the remaining party that it intends to withdraw, at least sixty (60) days prior to the date of the intended withdrawal and consequent termination. Upon termination hereof, any property acquired by the City -County Health Department shall revert to the County. 6. The City -County Health Department will be administered in accordance with the statutes of Montana and/or resolutions passed by the respective governing bodies. The City -County Health Board shall be composed of nine members, appointed as follows: one member to be appointed by, and serve at the pleasure of, the Board of County Commissioners; one member to be appointed by, and serve at the pleasure of, the Kalispell City Council; and seven members to be appointed by, and serve at the pleasure of, the Board of County Commissioners, to represent population centers in the County which are not entitled to representation by statute; provided however that the members of the present City -County Health Board shall remain on the Board for the duration of their present appointments. 7. The City -County Health Board may acquire, hold and dispose of any personal property used in this joint undertaking. All personal property heretofore acquired by the City -County Health Department shall remain the property of the City -County Health Department established herein. 2 of 3 IN WITNESS WHEREOF, the representatives of the respective agencies have hereunto affixed their respective signatures in approval of this agreement the day and year first above written. ATTEST: City Clerk (Seal) STATE OF MONTANA) :SS COUNTY OF FLATHEAD) CITY OF KALISPELL, MONTANA A municipal Corporation Mayor BOARD OF COMMISSIONERS FLATHEAD COUNTY, MONTANA s � i Chairman On this ` day of 20_, before me, a Notary Public in and for the State of Montana, personally appeared and known to me to be the Mayor and City Clerk of the City of Kalispell, Montana, and acknowledged to me that said City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (Seal) Notary Public for the State of Montana Residing at Kalispell, Montana My Commission expires STATE OF MONTANA) :SS COUNTY OF FLATHEAD) On this day of 20Q�/, before me, a Notary Public in and for the State of Montana, personally appeared �G� 16' '&W-" known to me to be the Chairman of the Board of County Commissioners, Flathead County, Montana, and acknowledged to me that such Board of County Commissioners executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fast above written. (Seal) Notary public for the State of Montana Residing at Kalispell, Montana My Commission expires4&,Af lyi'-wq 3 of 3