HomeMy WebLinkAbout~Master - Relating to Municipal Hospitals and Health Care Facilities ORDINANCE NO. Al
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF AMES , IOWA
BY REPEALING CHAPTER 18 , "HOSPITALS" , AND ENACTING A NEW CHAPTER
18 ; CREATING AN ADMINISTRATIVE AGENCY IN THE FORM OF A BOARD OF
TRUSTEES ; ESTABLISHING THE TITLE , POWERS AND DUTIES OF SAID BOARD
OF TRUSTEES ; THE METHOD OF APPOINTMENT , QUALIFICATIONS , COMPEN-
SATION AND TERM OF MEMBERS ; AND, OTHER MATTERS RELATING TO THE
MANAGEMENT, CONTROL AND GOVERNMENT OF MUNICIPAL HOSPITALS AND
HEALTH CARE FACILITIES ; PROVIDING A PENALTY; REPEALING ALL ORDI-
NANCES IN CONFLICT, AND ESTABLISHING AN EFFECTIVE DATE .
BE IT ORDAINED , by the City Council for the City of Ames ,
Iowa, that :
Section 1. The municipal code of the City of Ames , Iowa,
as heretofore existing be , and the same is , hereby amended
by repealing all of Chapter_ 18 thereof , and by enacting
in its place a new Chapter 18 as follows :
CHAPTER 18
MUNICIPAL HOSPITALS AND HEALTH CARE FACILITIES
ARTICLE I . IN GENERAL
Sec. 18-1001 . Administrative Agency Created;
Purpose, Title .
There is created an administrative agency, in the
SECTION 192 form of a Board of Trustees , for the purpose of pro-
197 viding for the management , control and government of
the Municipal Hospital of the City of Ames known as
the "Mary Greeley Memorial Hospital" and such other
hospitals and health care facilities as may be
established , operated or maintained by the City of
Ames , said Board to be entitled the Ames Municipal
Hospital Board of Trustees .
Sec. 18-1002 . Election of Members , Term of Office .
The Ames Municipal Hospital Board of Trustees
shall consist of three (3) natural persons elected
in the next and succeeding general elections , whose
SECTION 197 terms of office shall be six (6) years ; provided,
however , that at the first election, three (3) shall
be elected and hold their office , respectively , for
two, four , and six years , and they shall by lot ,
determine their respective terms..
Sec. 18-1003 . Qualifications .
No one may be a candidate for the Board of Trustees
who is not a resident of the City of Ames , nor may
SECTION 192 any employee , officer, or official of the City of Ames ,
or of its hospital or health care facilities , nor any
medical practitioner with staff privileges at a
municipal hospital or health care facility.
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�i Sec. 18-1004 . Compensation.
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�i No Trustee shall receive any compensation for his
j services performed, but he may receive reimbursement
SECTION 192 for any cash expenses actually made for personal ex-
197 penses incurred as Trustee, but an itemized statement
of all expenses and monies paid out shall be made
j under oath by each of the Trustees and filed with
the Secretary of the Board and allowed only by the
affirmative vote of the full Board .
�f Sec. 18-1005. General Powers and Duties .
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The Board of Trustees elected pursuant to this
Ii chapter shall, subject to the provisions of this
SECTION 192 chapter, be vested with the authority and duty to
197 ii provide for the management, control and government
198 ij of any and all hospitals and health care facilities
4� established, operated or maintained by the City of
Ames , including nursing homes and custodial homes.
Sec. 18-1006. Initial Organization, Fidelity Bonds .
The Trustees Ehall , within ten (10) days after their
election, qualify by taking the oath of office , and
!� organize as a board by the election of one of their
number as chairman and one as secretary , but no bond
shall be required of them. The official appointed
SECTION 197 fi by the City Council as Treasurer of the City shall
be Treasurer of the Board of Trustees , and shall ,
166 O subject to the provisions of this chapter , receive
!i and disburse all funds under the control of the Board `
1 as ordered by it, but shall receive no additional
compensation for his services . The Treasurer shall
give separate bond to the Trustees in a form and
+! amount as determined by the Board in its discretion.
Sec. 18-1007 . Alteration and Discontinuance.
The number of Trustees may, by ordinance, be in-
creased to five ( 5) , the first additional members
to be appointed by the Mayor with the approval of
the City Council, one such additional member to serve
until the next succeeding general election , and the
SECTION 197 other additional member until the second succeeding
198 general election. Thereafter , the terms of office
of such additional members shall be six ( 6) years .
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The City Council may discontinue the Board of
Trustees by adopting a resolution proposing such
f action, and publishing notice as required by law,
�+ of the resolution and of a date, time, and place
of public hearing on the proposal , and may discontinue
j the Board of Trustees by ordinance or amendment not
I� sooner than thirty (30) days following the hearing.
ARTICLE II . SPECIFIC POWERS AND DUTIES
1f Sec. 18-2001 . Rule Making .
Except as otherwise specificallyprovided in this
SECTION 192
� chapter, the Board of Trustees shall have rule-making
197 I, authority , and shall provide all needed rules and re-
gulations for the use , economic conduct , management ,
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control and government of city hospitals and
health care facilities nct contrary to law or
inconsistant with the provisions of this chapter ;
and , including , by way of specification but not
limitation, matters of employment and personnel
administration, medical staff procedures , and
1, patient services . Rules and regulations governing i
f� the use by the public of any city hospital or health
care facility must be promulgated and made readily
available to the public.
i Sec. 18-2002 . AcceptancE! and Use of Gifts .
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SECTION 197 The Board of Trustees may accept property by
gift, devise , bequest or otherwise; and , if the
11 Board deems it advisable, may , at public sale ,
li sell or exchange any property so accepted upon
! a concurring vote of a majority of all members
of the Board of Trustees , and apply the proceeds
thereof , or property received in exchange therefore ,
` to any legitimate hospital or health care facility
i purpose.
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�( Sec. 18-2003 . Fund for Depreciation.
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The Trustees may in their discretion establish
a fund for depreciation as a separate fund. Said
SECTION 197 ' funds may be invested in United States Government
bonds and when so invested , the accumulation of
interest on the bonds so purchased shall be used
for the purposes of the depreciation fund. An
investment when so made shall remain in United
i; States Government bonds until such time as in
( the judgment of the Board of Trustees it is deemed
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advisable to use the funds for hospital or health
care facility purposes.
i` Sec. 18-2004 . Joint Projects .
�i Subject to the approval of the City Council ,
{ the Board of Trustees may take action jointly
SECTION 195 � with other public or private agencies as provided
�! in Chapter Twenty-Eight E (28E) of the Code of
ji Iowa.
j� Sec. 18-2005 . Establishment of Rates and Charges .
Whenever, and only so long as there are no revenue
bonds or pledge orders outstanding which are payable
from the revenues of the city ' s hospitals and health
92 �j care facilities , the Board of Trustees shall have
SECTION 1 �� the power and authority to establish and collect
192
165 �2) rates and charges for the use of the city ' s hospitals 4
�{ and health care facilities , and subject to the app-
roval of the City Council , budget for the allocation
of monies so received; provided, however , that the
j City Council shall at all times retain and have power
�I and authority to establish , impose , adjust and provide
for the collection of rates and charges when such
action is necessary to produce gross revenues at
least sufficient to pay the expenses of operation
and maintenance of the hospitals and health care
!I facilities and to pay the principle and interest
of any revenue bonds and pledge orders as they become
' due and to establish a reasonable reserve for such
(� purpose. Rates and charges must be established by a I
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resolution of the Board of Trustees , published in the
same manner as a city ordinance , or by an ordinance
of the City Council .
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Sec. 18-2006 . Statement of Receipts and Expenditures . f
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SECTION 197 The Board of Trustees shall annually prepare a
lcondensed statement of the total receipts from any
and all sources , including gifts , and of all expend-
itures for hospital and health care facility purposes
and cause the same to be published in a newspaper
i of general circulation in the city.
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Sec. 18-2007 . Limitations and Prohibited Acts .
' The Board of Trustees shall not :
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(1) Borrow any money , or purport to borrow
SECTION 163 1 ) money, by any means whatsoever for the acquisition, j
construction, reconstruction, extending , remodel-
ing , improving , repairing and equipping of all
�i or any part of a city hospital or health care
(� facility.
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�I (2) Do, cause or permit the doing of , any act
SECTION 193 appearing or purporting to pledge the credit or
taxing power of the city.
(3 ) Do , cause or permit , the doing of any act
SECTION 163 appearing or purporting to be the issuance or
164 ( sale of revenue bonds at public or private sale.
}j (4) Do , cause or permit , the doing of any act
I appearing or purporting to be an issuance of
SECTION 1646) pledge orders in payment for the cost of any
acquisition, construction, reconstruction ,
extending , remodeling , improving , repairing ,
} or equipping of all or any part of a city hospital
or health care facility .
(f (5) Do , cause or permit, the doing of any act
�! appearing or purporting to be a mortgaging or
SECTION 163 ) pledge of city property , including property used
1647) for hospital and health care facility purposes .
( 6) Do, cause or permit , the doing of any act
j{ appearing or purporting to constitute a lease of
SECTION 165 (2') (1) any part or portion of a city hospital or health
care facility.
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(7) Do , cause or permit, the doing of any act
contrary or inconsistant with any provision of
1fthis chapter .
{� Violation of any provisions of this section, or
�i any breach of a duty imposed by the provisions of f
f� this chapter by a member of the Board of Trustees , i
or any other person, shall constitute a misdemeanor.
ARTICLE III . CONTRACT AUTHORITY l
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s Sec. 18-3001 . Power and Authority to Make Valid
jContracts .
Except as otherwise provided in this chapter , the
SECTION 194 `} Board of Trustees shall have the power and authority
i to enter into contracts , and such contracts shall not
be subject to review and approval by the City Council
if made and entered into pursuant to the procedures
j and provisions of this Article ; and, when so made and
I entered into, such contracts , to the extent otherwise
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valid by law, shall be valid, enforceable and not
voidable by subsequent actions of the City Council
even if the Board of Trustees should be discontinued;
provided, however, that such contracts shall not be
valid and enforceable if, at the time of making,
they are in conflict or inconsistent with any pro-
vision or requirement of this chapter or any previous
action taken by the Board of Trustees or the City
Council pursuant to the provisions of this chapter.
Sec. 18-3002. City Attorney to Approve Form.
SECTION 194
192 The City Attorney for the City of Ames shall
prepare for execution or approve as to form all
contracts and other legal instruments to which the
Board of Trustees are a party.
Sec. 18-3003 . City Treasurer to Certify Contracts .
The City Treasurer shall certify the availability
of sufficient funds for all contracts , agreements ,
SECTION 194 or other obligations for the expenditure of hospital
197 or health care facility funds entered into by the
Board of Trustees , and no such contract, agreement
or other obligation shall be valid until so certified.
Sec. 18-3004 . Contracts for which Council Approval
Required.
SECTION 194
The following contracts shall not be valid and
enforceable unless approved by the City Council :
(1) All contracts for the use of , or services
provided by, a city hospital or health care
SECTION 165 ( ) (b) facility, where the type, or quantity of use ,
or service is unusual .
(2) All contracts and agreements for the granting,
acquisition or conveyance of any title, interest,
right, power, privilege or immunity with respect
to real property, including leases , licenses and
easements .
(3) Any and all installment contracts .
(4) Any contract calling for building, construc-
tion, erection, demolition, alteration or repair
of any city hospital or health care facility for
which the total estimated cost exceeds five-
thousand dollars ($5 ,000 .00) .
Sec. 18-3005 . Prohibition of Interest.
Any purchase order or contract within the pur-
view of this chapter in which any member of the
Board of Trustees , or any officer or employee of
a city hospital or health care facility is financially
interested, directly or indirectly , is prohibited
and shall be void unless before the execution of
such purchase order or contract the City Council
shall determine that compliance with this section
may be waived in the best interest of the city.
Sec. 18-3006 . Gifts and Rebates.
The members of the Board of Trustees , and every
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officer and employee of a city hospital or
!� health care facility is prohibited from accept-
ing , directly or indirectly, from any person,
{ company , firm or corporation to which any pur-
chase order or contract is or might be awarded,
j�. any rebate, gift , money, or anything of value
whatsoever , except where given for the use and
benefit of the hospital or health care facility .
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Sec. 18-3007 . Competitive Bidding Required .
All purchases of , and contracts for , supplies
and contractual services , and all sales of per-
sonal property which has become obsolete and
unusable shall , except as specifically provided
I for in this chapter , be based wherever possible
on competitive bids .
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iSec . 18-3008 . Formal Contract Procedure.
All supplies and contractual services , except
as otherwise provided herein, when the estimated
cost thereof shall exceed five-thousand dollars
($5, 000. 00) , shall be purchased by formal , written
I contract from the lowest responsible bidder , after
` due notice inviting proposals .
(1) Notice invitinnq bids shall be published
!' once in at least one newspaper in the city
and at least five (5) days preceding the last
�i day set for the receipt of proposals . The
it newspaper notice shall_ include a general des-
cription of the articles to be purchased or sold,
shall state where bid blanks and specifications
may be secured, and the time and place for
I opening bids . Sealed bids may also be solicited
from prospective suppliers who have requested f
their names to be added to a "bidder ' s list" ;
by sending to such suppliers a copy of the
newspaper notice or such other notice as will
acquaint them with the proposed purchase or
sale.
i (2) Bid deposits - when deemed necessary by
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the Board of Trustees , shall be prescribed in t
the public notices inviting bids . Unsuccessful
( bidders shall be entitled to return of the deposit.
(l A successful bidder shall forfeit any deposit
required upon failure on his part to enter into
a contract within ten (10) days after the award.
(3) Bid opening procedure shall be as follows :
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j (a) Sealed bids shall be submitted to
k the designated agent of the Board of
Trustees and shall be identified as bids
on the envelope.
(b) The bids shall be opened in public
at the time and place stated in the notice.
(c) A tabulation of all bids received shall
be posted for public inspection.
(4) Rejection of all bids is permitted when the
public interest will be served thereby. The bid
of a contractor who is in default on the payment
of taxes , licenses or other monies due the city i
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shall not be accepted.
�1 (5) Award of contract shall be to the lowest
"responsible bidder" determined by consideration
I, of the following :
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(a) The ability , capacity and skill of the
1� bidder to perform the contract or provide i
li the service required.
(b) Whether the bidder can perform the
contract or provide the service promptly, i
or within the time specified , without
delay or interfelrance.
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T( (c) The character , integrity , reputation,
judgment, experience and efficiency of the j
( the bidder.
(d) The quality of performance of previous
I� contracts or services .
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(e) The previous and existing compliance
by the bidder with laws and ordinances re-
lating to the contract or service.
(f) The sufficiency of the financial re-
sources and ability of the bidder to per- i
form the contract or provide the service. k
(g) The quality , availability and adapt- j
i ability of the supplies , or contractual ser-
vices to the particular use required.
ff (h) The ability of the bidder to provide
` future maintenance and service for the use
(} of the subject of the contract.
(i) The number and scope of conditions
if attached to the bid.
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When the award is not given to the lowest bidder,
}� a full and complete statement of the reasons for
placing the order elsewhere/shall be prepared by
the agent and filed with the other papers relating
j to the transaction. The Board of Trustees shall
have the authority to require a performance bond,
1' before entering a contract, in such amount as the i
Board shall determine necessary to protect the
i! best interest of the city.
` (6) Subdivision of any contract to avoid the
(� requirements of this chapter is prohibited.
Sec. 18-3009 . Open Market Procedure.
+r All purchases of supplies , and contractual
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i services , and all sales of personal property which
j has become obsolete and unusuable, of less than
the extimated value of five-thousand dollars
($5, 000. 00) shall be made in the open market ,
1 without newspaper advertisment and without observing (
i the procedures provided for by Sec . 18-3007 of 1
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this chapter for award of contract , but in accord-
ance with the following :
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I{ (1) The _minidum number of bids shall ,
j4 wherever possible , be three (3) , and
the contract or purchase order shall be
ail awarded to the lowest responsible bidder
Iin accordance with the standards set forth
�) in subsection ( 5) of Sec . 18-3008 .
{� (2) Notice inviting bids shall be in the
form of a solicitation by direct mail
I request , telephone request, or by public
notice posted on the bulletin board of
i the City Hall.
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{ (3) Records shall be kept of all open
{I market orders and the bids submitted in
!i competition thereon, and such records
shall be open to public inspection.
I� ARTICLE IV. SYSTEM OF FINANCIAL ADMINISTRATION,
�j RECORDS AND ACCOUNTS
SECTION 166 (2)
197 Sec. 18-4001. Duty of the City Treasurer.
166 (1.)
ii (a) All revenues of the City hospital and
I{ health care facilities shall be deposited with
t; the City Treasurer and kept by the Treasurer
�} in a separate account apart from other funds
{; of the City. All disbursement of hospital and
" health care facilities funds shall be by the
City Treasurer ' s check drawn by the City
{ Treasurer on the aforesaid separate account.
The City Treasurer shall account for the
II receipts and disbursements of such funds in
I{ accordance with the system of books , records
�+ and accounts established or approved for city
hospitals and health care facilities by the
City Council.
!� (b) The City Treasurer for the City of Ames
SECTION 116 `jl) shall prepare and recommend to the City Council
for the Council ' s approval or modification, after
�{ consultation with the Board of Trustees , a system
i1 of books , records and accounts best suited to meet
IE the special needs of the city hospitals and health
I1 care facilities . The City Treasurer shall supervise,
monitor and evaluate performance of financial account-
ing and record keeping and take such measures as shall
be necessary to correct deficiencies .
{ Sec. 18-4002 . Audits and Inspections .
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{ The Board of Trustees shall , upon consultation
fl with the City Council , annually engage a firm of
!� certified public accountants to perform an audit
of all hospital funds and accounts . At such times ,
and with such frequency as it shall determine nec-
essary, the City Council shall direct and cause the
performance of such audits , inspections , review
I{ of internal controls and other accounting tests as
it shall deem advisable to test the sufficiency of
I the system of books , records , and accounts , financial
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administration in compliance with provisions and
�I requirements of this chapter .
�{ Sec. 18-4003 . Surplus Funds.
Surplus funds of a hospital or health care facility1
SECTION 1701i may be transferred to another city fund only in acc-
ordance with the rules and procedures for such trans-
fers established by the laws of the State of Iowa.
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i ARTICLE V. OTHER MATTiE-RS
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?� Sec. 18-5001. Filling o'= Vacancies .
In the event that there shall occur a vacancy
on the Board of Trustees not less than sixty (60)
days prior to the next general election, the Mayor,
subject to the approval of the City Council , may
appoint a person to fill said vacancy until after
�( the next general election; provided, however , that
(, if the vacancy occurs in a position occupied by
an "additional member" appointed pursuant to '
Section 18-1007 hereof , the person appointed to
fill the vacancy shall serve the balance of the
unexpired term of the appointee creating the
�t vacancy.
(# Sec. 18-5002 . Discrimination Prohibited.
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In the management, control and government of
{ city hospitals and health care facilities there
i shall be no discrimination made on the basis of
race, religion, sex, color , national origin, or
i wealth. In the management of any city hospital
or health care facility , no discrimination shall
1 be made against practitioners of any school of
�{ medicine recognized by the laws of the State of
�( Iowa .
I Section 2 . Penalty . Anyone violating any of the
provisions of this ordinance shall , upon conviction,
be subject to imprisonment not exceeding thirty (30)
(f days , or a fine not exceeding one-hundred dollars
(� ($100 . 00) .
Section 3 . Repealer. All ordinances or parts of
�1 ordinances in conflict with the provisions of this
j� ordinance are hereby repealed. These are : Ordinance
f numbers 803 , 880 , 2010 , 2159 , and 2359 .
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ij Section 4 . Saving Clause. If any section, provision
�i or part of this ordinance shall be adjudged invalid
or unconstitutional , such adjudication shall not effect
i� the validity of the ordinance as a whole or any section,
provision, or part thereof not adjudged invalid or
j� unconstitutional .
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ifSection 5. When Effective. This ordinance shall be j
in effect after its final passage, approval and pub-
lication as provided by law. i
Passed by the City Council this-day of
�11973.
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jMARY E. PfAUL., CITY CLERK STUART N. S ITH , MAYOR
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{ lst resding - May 22, 1972
I+ Koerber-Huston
lAyes : Pounds, Koerber, Calhoun, Huston
Ii Nays : Nelson Absent Maxwell
I! 2nd reading - June 5, 1973
+iCalhoun-Huston
FI Ayes : Huston, Pounds, Calhoun, Max-well
�iNays : Nelson. Absent Koerber
13rd reading - June 19, 1973
) Pounds-Koerber
�IAyes : Pounds, Calhoun, Maxwell, Huston, Koerber.
( Nays : None
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