Resolution 4914 - Amendment - City/County Health Department Interlocal AgreementRESOLUTION 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 I. 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 IL This resolution shalt 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 JCTLY, 2004.
Pamela B. Kenne
Mayor
ATTEST:
Theresa White
City Clerk
5TATE OF YWCJN r-INA
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CLER RECOR rQ
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CITY OF KALISPELL
THIS AGREEMENT is made and entered into this H day of
J , 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:
l . 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
countyv,dde 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
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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.
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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 OF KALISPELL, MONTANA
cipal Corporation
/ityverk Mayor
BOARD OF COMMISSIONERS
FLATH AD CO T , MO TANA
IN%
Chairman
p
STATE OF MONTANA)
: SS
COUNTY OF FLATHEAD)
On this day of 8CQMbCY200q before me, a Notary Public in and for the State of
Montana, personally appeared¢._ 3 and
known to me u, be the Mayor and City Clerk of the City of
Kalispell, Montana, and acknowledged to me that said City executed the same.
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6tJyHEREOF, I have hereunto set my hand and affixed my official seal the day
and yzt` a ve• ri!.
(Sea[) • ,,AoTARj.4.' -� U& \P� - 5
Notary Public for the State of Montana
.SEAL, Residing at Kalispell, Montana
My Commission expires tars ".S/
STATE 6V Q }
: SS
COUNTY OF FLATHEAD)
On this AL day of , , 20,4 before me a Notary Public in and for the State of
Montana, personally appeared ()Lt ja ,d t4i . • , 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 first above written.
EI,MONICA R. EISENZIMER
pTAR� NOTARY PUBLIC-MONTANA
Residing at Columbia Falls
�Q State of Montana
My Comm. Expries Dec. 30, 2007
4NotaryIPulb/lic for t�State�iMX &a
Residing atYa4spell, MontanaC-0�'
My Commission expires lam—
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