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R-89-1299 - 6/22/1989RESOLUTION 1299R WHEREAS Article 4436b Texas Vernons Civil Statutes The Local Public Health Reorganization Act authorizes the establishment of health districts within and among counties cities and other governmental entities for the purpose of providing and furnishing county wide public health programs and WHEREAS the City Council of Round Rock Texas is desirous of a county wide coordinated public health program Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the City Council an agreement authorizing the establishment of health districts within and among counties cities and other governmental entities for the purpose of providing and furnishing county wide public health programs a copy of said agreement being attached hereto and incorporated herein for all purposes RESOLVED this 22nd day of June 1989 ATTEST C45RESHEALTH LAND City Secretary RESOLUTION NO MIKE ROBINSON Mayor City of Round Rock Texas WILLIAMSON COUNTY AND CITIES HEALTH DISTRICT WHEREAS Article 4436b Texas Vernons Civil Statutes known as The Local Public Health Reorganization Act authorizes the establishment of health districts within and among counties cities and other governmental entities for the purpose of providing and furnishing county wide public health programs and WHEREAS parties to this agreement desire that the Williamson County and Cities Health District furnish a coordinated public health program throughout Williamson County THEREFORE for and in consideration of those promises mutual promises and covenants and other invaluable considerations this AGREEMENT by and between the following units of government acting by and through their duly authorized governing bodies herein collectively referred to as member governments do hereby create the WILLIAMSON COUNTY AND CITIES HEALTH DISTRICT in accordance with the following ARTICLE 1 The parties agree to create the Williamson County and Cities Health District hereinafter called DISTRICT The District shall be under the direction and supervision of the Williamson County Board of Health hereinafter called the BOARD which shall be an administrative public health board and shall have the authority to adopt substantive and procedural rules which are necessary and appropriate to promote and preserve the health and safety of the public within its jurisdiction provided that no rule adopted shall be in conflict with the laws of the State of Texas ARTICLE 2 The Board shall initially consist of six 6 voting members and the DIRECTOR who shall serve as an ex officio non voting member of the Board Two members of the Board shall be appointed by the Williamson County Commissioners Courts one of which shall serve as the Chairman of the Board One member each shall be appointed by the Cities of Round Rock Georgetown Taylor and Cedar Park as they join in the creation of the District as evidenced by adopting this instrument Board appointees may be any citizen except 1 elected officials of the appointing member governments or their immediate families or 2 Employees of the appointing member governments or their immediate families ARTICLE 3 The Members of the Board shall have resided in the District for a period of three 3 years and shall serve without compensation All members shall be appointed for a three year term Reappointments to the Board will be staggered so that only one third of the Board is up for reappointment in any one year The order of yearly reappointments shall be determined by lot at the first Board meeting A member may be removed from the Board for neglect of duty malfeasance or unbecoming behavior by a majority vote of the ruling body of the member government originally making the appointment All vacancies caused by death resignation or removal of a member shall be filled for the unexpired portion of the term by the appointing bodies as above prescribed ARTICLE 4 The Board shall perform all public health functions pertaining to public health which any of its component members is authorized to perform or which the Administrative Board is allowed to perform under State statutes The Board shall select a vice chairperson and a secretary from among its members and shall adopt rules for the conduct of its meetings A majority of the members shall constitute a quorum for the transaction of business The Board shall meet at least quarterly on a date to be fixed by the Board and shall hood such meetings as may be called by the chairman or by the majority of the Board The Board shall conduct an annual evaluation of the performance of the Directors The Board shall comply with the Open Meetings Act and the Competitive Bid Statutes ARTICLE 5 The Director shall be the Chief Executive Officer of the District and shall actively manage the day to day operations of the District staff The Director shall also serve as the County Health Authority formerly called the County Health Officer and as the City Health Authority formerly the City Health Officer for all member Cities as needed A Health Authority has certain duties prescribed by State Law which are necessary to implement and enforce laws to protect the public health He shall aid the Board in all matters of local quarantine disease prevention and suppression sanitation inspection and control of contagious infectious and dangerous epidemic diseases within the Health Authoritys jurisdiction ARTICLE 6 The Directors position is funded by the Texas Department of Health If during the annual evaluation of the Director two thirds of the Board judge the Director to be guilty of neglect of duty malfeasance or unbecoming behavior a petition for his removal shall be addressed to the Texas Commissioner of Health hereinafter called Commissioner In the event of death resignation or removal from office the Board shall advertise the vacancy submit the list of applicants to the Commissioner for a review of his or her qualifications and then the Board shall select the new Director from a list of applicants approved by the Commissioner areas ARTICLE 7 The Board and Director shall maintain high quality programs in the following A PERSONAL HEALTH SERVICES 1 Primary Health Care to the Indigent a Prenatal Clinics for the pregnant b Child Development Monitoring up to age 5 c Nutritional Education and Food Supplimentation WIC d Referral to Private Physicians for Diagnosis and Treatment 2 Infectious Disease Control for the entire Community a Contact investigation treatment and counseling for Sexually Transmitted Diseases and Tuberculosis b Immunizations for Vaccine Preventable Diseases c AIDS Screening and Counseling d Rabies postexposure vaccination and counseling e Epidemiologic investigations of water borne and food poisoning outbreaks 3 Heart Disease Cancer and Stroke Prevention a Blood Pressure screening and counseling b Cholesterol screening and counseling c Health Education re weight loss exercise and stress management B ENVIRONMENTAL HEALTH SERVICES 1 Food Sanitation a Food handler sanitation training b Food service and food preparation sanitation surveillance 2 Waste Control solid and hazardous 3 General Sanitation a Vector Control b Drinking water hygiene c Swimming pool sanitation d Wastewater disposal surveillance e Water Pollution control 3 4 Other environmental services by specific contract with member governing bodies or as permissible under State statutes and regulations ARTICLE 8 The member governments agree that the District shall have the authority to set and collect fees for nursing services and for the issuance of health related licenses and permits as authorized by law and for conducting health and sanitation inspections for member governments or as authorized by law provided however any fees so set or collected must be approved in advance by a majority of the members of the Board Where the District requires a permit the member governments agree not to require their own Health Permits for the operation of the following businesses food service locations grocery stores bars wholesale and retail food dealers vending machines child care facilities or for other functions or establishments or places or locations regulated or monitored by the District in the discharge of the responsibilities enumerated above ARTICLE 9 The District is a State participating local unit of the Texas Department of Health and as such derives its budget from four principal sources 1 the member governments 2 the Texas Department of Health 3 the collection of fees and 4 Grants 1 The amount of contributions from each member government shall be determined by the ruling body of each member government 2 The States participation will be determined by contracts negotiated annually between the Board and the Texas Department of Health Fees will be collected as a result of activities from environ mental services and from nursing services Because it is expected that annual collections will vary considerably due to economic conditions the District shall maintain sufficient cash reserves to prevent untimely disruptions in services or loss of highly trained personnel 4 The Director and the Board will actively seek to obtain this Districts fair share of Federal and private grants available in health related areas ARTICLE 10 The District shall maintain its own bank accounts for the collection and desposit of all fees and contributions and for payments of all operating expenses The Board shall require that an independent audit of the Districts financial records be made annually The Uniform Grant and Contract Management Act of 1981 Article 441332g Vernons Texas Civil Statutes and standards adopted pursuant to that Act shall control where applicable The annual audit shall be available for public inspection during all normal business hours The Districts employees shall be eligible to participate in any group health insurance workmans compensation program and retirement system made available by any member government for its employees The Board shall annually select which member governments programs that Districts employees will be included This selection must be made prior to the selected member government makes its decision as to which group health policy to purchase ARTICLE 11 Member governments and other governmental entities as well as private institutions both within and without Williamson county may contract for the District to provide Rabies Control services Environmental Health services Water Pollution Control services or up grading of any appropriate public health or environmental activity ARTICLE 12 No salary increases granted to District employees shall exceed the salary increases granted to county employees within one fiscal year ARTICLE 13 The provisions of Articles 4436b and 4477 7e Texas Vernons Civil Statutes and House Bill 2125 Texas 70th Legislature Regular Session shall be applicable to the District In the event of a conflict between Article 4436b and this Agreement Article 4436b shall control ARTICLE 14 A member government may withdraw from this Agreement The withdrawal shall become effective at the end of the current fiscal year after the withdrawing member government has given written notice of its decision to withdraw to the Board Such termination shall not relieve such member government of any obligation incurred by such member government prior to termination ARTICLE 15 Modification of this Agreement shall be in writing and effective upon approval by a majority of the member governments ARTICLE 16 This Agreement shall remain in effect until October 1 1992 at which time this agreement shall become null and void ARTICLE 17 New member governments may become parties to this Agreement with the consent of the Board by accepting in writing all of the terms and provisions of this Agreement ARTICLE 18 This Agreement constitutes the entire Agreement and supercedes all prior Agreements between the parties ATTEST ATTEST ATTEST ATTEST ARTICLE 19 This Agreement shall become effective on October 1 1989 County Clerk COUNTY OF WILLIAMSON County Judge CITY OF ROUND ROCK Date City Secretary City Secretary Mayor City Secretary Mayor Date CITY OF GEORGETOWN CITY OF TAYLOR Mayor Date ATTEST CITY OF CEDAR PARK Date City Secretary Mayor Date ATTEST CITY OF LEANDER City Secretary ATTEST CITY OF BARTLETT City Secretary ATTEST CITY OF GRANGER City Secretary ATTEST CITY OF FLORENCE ATTEST CITY OF THRALL Mayor Date Mayor Date Mayor Date City Secretary Mayor Date City Secretary Mayor Date DATE June 19 1989 SUBJECT Council Agenda June 22 1989 ITEM 12E Consider a resolution authorizing the Mayor to sign an agreement creating the Williamson County and Cities Health District STAFF RESOURCE PERSON Bob Bennett STAFF RECOMMENDATION This agreement provides for the creation of a county wide Health District The district has no taxing authority and is being created to oversee County Health Programs A County Board of Health will be formed consisting initially of six 6 voting members anda Director The Director shall be the County Health Officer Two members will be appointed by the County Commissioners with one of the two serving as Chairman of the Board Round Rock will appoint one of the remaining four 4 members It is anticipated that Cedar Park Georgetown and Taylor will immediately join in and appoint one member each thus making up the initial six 6 members Participation by the City of Round Rock will be determined by the City Council annually at budget time Staff anticipates no additional cost to the City and the City may withdraw at the end of any fiscal year This agreement has been adopted by the Commissioners Court ECONOMIC IMPACT Round Rock currently funds County Health Programs at one dollar 100 per person living inside the city limits We do not expect this formula to change A summary of County Health Department Income Sources is attached WILLIAMSON COUNTY HEALTH DISTRICT WHEREAS Article 4436b Texas Vernons Civil Statutes THE LOCAL PUBLIC HEALTH REORGANIZATION ACT authorizes the establishment of health districts within and among counties cities and other governmental entities for the purpose of providing and furnishing county wide public health programs and WHEREAS parties to this agreement desire that the Williamson County Health District furnish a coordinated public health program throughout Williamson County THEREFORE for and in consideration of those promises mutual promises and covenants and other invaluable considerations THIS AGREEMENT by and between the following units of government acting by and through their duly authorized governing bodies herein collectively referred to as member governments do hereby create the WILLIAMSON COUNTY HEALTH DISTRICT in accordance with the following 1 The parties agree to create the WILLIAMSON COUNTY HEALTH DISTRICT hereinafter the DISTRICT The DISTRICT shall be under the direction and supervision of the WILLIAMSON COUNTY BOARD OF HEALTH hereinafter the BOARD which shall be an administrative public health board and shall have the authority to adopt substantive and procedural rules which are necessary and appropriate to promote and preserve the health and safety of the public within its jurisdiction provided that no rule adopted shall be in conflict with the laws of the State of Texas 2 The BOARD shall initially consist of six 6 voting members and the DIRECTOR of the Health DISTRICT who shall serve as an ex officio non voting member of the BOARD Two members of the BOARD shall be appointed by the Williamson County Commissioners Courts one of which shall serve as the Chairman of the BOARD One member each shall be appointed by the cities of Round Rock Georgetown Taylor and Cedar Park as they join in the creation of the DISTRICT as evidenced by adopting this instrument BOARD appointees may be any citizen except 1 elected officials of the appointing member governments or their immediate families or 2 Employees of the appointing member governments or their immediate families 3 The members of the BOARD shall have resided in the DISTRICT for a period of three 3 years and shall serve without compensation All members shall be appointed for a three year term Reappointments to the BOARD will be staggered so that only one third of the BOARD is up for reappointment in any one year The order of yearly reappointments shall be determined by lot at the first BOARD meeting A member may be removed from the BOARD for neglect of duty malfeasance or unbecoming behavior by majority vote of the ruling body of the member government originally making the appointment All vacancies caused by death resignation or removal of a member shall be filled for the unexpired portion of the term by the appointing bodies as above prescribed 4 The BOARD shall perform all public health functions pertaining to public health which any of its component members is authorized to perform or which the Administrative BOARD is allowed to perform under State statutes The BOARD shall select a vice chairperson and a secretary from among its members and shall adopt rules for the conduct of its meetings A majority of the members shall constitute a quorum for the transaction of business The BOARD shall meet quarterly on a date to be fixed by the board and shall hold such meetings as may be called by the chairperson or by the majority of the BOARD The BOARD shall conduct an annual evaluation of the performance of the DIRECTOR The BOARD shall comply with the Open Meetings Act and the Competitive Bid Statutes S The DIRECTOR shall be the Chief Executive Officer of the Health DISTRICT and shall actively manage the day to day operations of the DISTRICT staff The DIRECTOR shall also serve as the County Health Authority formerly called the County Health Officer and as the City Health Authority formerly the City Health Officer for all member Cities as needed A Health Authority has certain duties prescribed by State law which are necessary to implement and enforce to protect the public health He shall aid the BOARD in all matters of local quarantine disease prevention and suppression sanitation inspection and control of contagious infectious and dangerous epidemic diseases within the Health Authoritys jurisdiction 6 The DIRECTORS position is funded by the Texas Department of Health If during the annual evaluation of the DIRECTOR two thirds of the BOARD judge the DIRECTOR to be guilty of neglect of duty malfeasance or unbecoming behavior a petition for his removal shall be addressed to the Texas Commissioner of Health hereinafter Commissioner In the event of death resignation or removal from office the BOARD shall advertise the vacancy submit the list of applicants to the Commissioner for a review of his or her qualifications and then the BOARD shall select the new DIRECTOR from a list of applicants approved by the Commissioner 7 The BOARD and DIRECTOR shall maintain high quality programs in the following areas A PERSONAL HEALTH SERVICES 1 Primary Health Care to the Indigent a Prenatal Clinics for the pregnant b Child Development Monitoring up to age 5 c Nutritional Education and Food Supplimentation WIC d Referral to Private Physicians for Diagnosis and Treatment 2 Infectious Disease Control for the entire Community a Contact investigation treatment and counseling for Sexually Transmitted Diseases and Tuberculosis b Immunizations for Vaccine Preventable Diseases c AIDS Screening and Counseling d Rabies postexposure vaccination and counseling e Epidemiologic investigations of water borne and food poisoning outbreaks 3 Heart Disease Cancer and Stroke Prevention a Blood Pressure screening and counseling b Cholesterol screening and counseling c Health Education re weight loss exercise and stress management B ENVIRONMENTAL HEALTH SERVICES 1 Food Sanitation a Food handler sanitation training b Food service and food preparation sanitation surveillance 2 Waste Control solid and hazardous 3 General Sanitation a Vector Control b Drinking water hygiene c Swimming pool sanitation d Wastewater disposal surveillance e Water Pollution Control 4 Other environmental services by specific contract with member governing bodies or as permissible under State statutes and regulations 8 The member governments agree that the DISTRICT shall have the authority to set and collect fees for nursing services and for the issuance of health related licenses and permits as authorized by law and for conducting health and sanitation inspections for member governments or as authorized by law provided however any fees so set or collected must be approved in advance by a majority of the members of the BOARD Where the DISTRICT requires a permit the member governments agree not to require their own Health Permits for the operation of the following businesses food service locations grocery stores bars wholesale and retail food dealers vending machines child care facilities or for other functions or establishments or places or locations regulated or monitored by the HEALTH DISTRICT in the discharge of the responsibilities enumerated above 9 DISTRICT is a State participating local unit of the Texas Department of Health and as such derives its budget from four principal sources 1 the Member governments 2 the Texas Department of Health 3 the collection of Fees and 4 grants 1 The amount of contributions from each member government shall be determined by the ruling body of each member government 2 The States participation will be determined by contracts negotiated annually between the BOARD and the Texas Department of Health 3 Fees will be collected as a result of activities from environmental services and from nursing services Because it is expected that annual collections will vary considerably due to economic conditions the DISTRICT shall maintain sufficient cash reserves to prevent untimely disruptions in services or loss of highly trained personnel 4 The DIRECTOR and the BOARD will actively seek to obtain this DISTRICTS fair share of Federal and private grants available in health related areas 10 The DISTRICT shall maintain its own bank accounts for the collection and deposit of all fees and contributions and for the payments of all operating expenses The BOARD shall require that an independent audit of the DISTRICTS financial records be made annually The Uniform Grant and Contract Management Act of 1981 Article 441332g Vernons Texas Civil Statutes and standards adopted pursuant to that Act shall control where applicable The annual audit shall be available for public inspection during all normal business hours The DISTRICTS employees shall be eligible to participate in any group health insurance workmans compensation program and retirement system made available by any member government for its employees The BOARD shall annually select the member governments programs in which the DISTRICTS employees will be included This selection must be made prior to when the selected member government makes its decision as to which group health policy to purchase 11 Member governments and other governmental entities as well as private institutions both within and without Williamson County may contract for the HEALTH DISTRICT to provide Rabies Control Services Environmental Health Services Water Pollution Control Services or upgrading of any appropriate public health or environmental activity 12 No salary increases granted to DISTRICT employees shall exceed the salary increases granted to county employees within one fiscal year 13 The provisions of Articles 4436b and 4477 7e Texas Vernons Civil Statutes and House Bill 2125 Texas 70th Legislature Regular Session shall be applicable to the DISTRICT In the event of a conflict between Article 4436b and this Agreement Article 4436b shall control 14 A member government may withdraw from this Agreement The withdrawal shall become effective at the end of the current fiscal year after the withdrawing member government has given written notice of its decision to withdraw to the BOARD Such termination shall not relieve such member government of any obligation incurred by such member government prior to termination 15 Modification of this Agreement shall be in writing and effective upon approval by a majority of the member governments 16 This Agreement shall remain in effect until October 1 1992 at which time this agreement shall become null and void 17 New member governments may become parties to this Agreement with the consent of the BOARD by accepting in writing all of the terms and provisions of this Agreement 18 This Agreement constitutes the entire Agreement and supercedes all prior agreements between the parties 19 This Agreement shall become effective on October 1 1989 Vhh 41 County Clerk ATTEST Ci Secretary ATTEST G y Seeseta y Deputy City Secretary COUNTY OF WILLIAM County Judge CITY 0 R N ROCK ayor CITY OF GEO ETOWN ayor CITYOJJJJFIIII CEDAR PARK oht N Mayor