HomeMy WebLinkAboutOrdinance No. O04-03 ORDINANCE NO. oo4-o3
AN ORDINANCE OF THE CITY OF LAUREL, MONTANA, TO AMEND AND
SUPERCEDE LAUREL CITY ORDINANCE NO. O01-05, AND TO APPROVE AN
INTERLOCAL AGREEMENT: (1) BETWEEN THE CITY OF LAUREL, MONTANA,
THE CITY OF BILLINGS, MONTANA, AND YELLOWSTONE COUNTY, MONTANA,
CREATING A MULTI-JURISDICTIONAL SERVICE DISTRICT NAMED
YELLOWSTONE CITY-COUNTY HEALTH DEPARTMENT; AND (2) BETWEEN THE
CITY OF LAUREL, MONTANA, THE CITY OF BILLINGS, MONTANA, THE TOWN
OF BROADVIEW, MONTANA, AND YELLOWSTONE COUNTY, MONTANA,
CREATING AN AIR POLLUTION CONTROL PROGRAM TO BE ADMINISTERED
UNDER THE AUSPICES OF THE YELLOWSTONE CITY-COUNTY HEALTH
DEPARTMENT;
1. WHEREAS, agreements between local governments may be created by interlocal
agreement; and
2. WHEREAS, the Yellowstone County, Montana (the "COUNTY"), the City of
Billings, Montana ("BILLINGS"), the City of Laurel, Montana ("LAUREL"), and the Town of
Broadview, Montana ("BROADVIEW") are each a "public agency" as defined under the
Interlocal Cooperation Act, Mont. Code Ann. § §7-11-101 et seq. (hereafter the "INTERLOCAL
ACT"); and
3.
most efficient use of its powers by entering into a cooperative agreement with BILLINGS, the
COUNTY, and BROADVIEW, on a basis of mutual advantage, and thereby to provide services
and facilities in a manner and pursuant to forms of government organization that will accord best
with geographic, economic, population, and other factors influencing the needs and development
of local communities, and therefore, the COUNTY, LAUREL, BILLINGS, and BROADVIEW
(individually referred to herein as a "PARTY," and collectively as the "PARTIES"), desire to
enter into the attached inteflocal agreement (the "AGREEMENT"); and
WHEREAS, the INTERLOCAL ACT permits, and LAUREL desires, to make the
4. WHEREAS, the PARTIES may form multi-jurisdictional service districts to
provide a higher level of service than is available through any one particular public agency
forming the multi-jurisdictional service district; and
5. WHEREAS, under the INTERLOCAL ACT, the PARTIES may contract with
each other to delegate the performance of certain administrative services, activities, or
undertakings to the boards created under this AGREEMENT, including, but not limited to, the
hiring of, or contracting with, professional persons licensed under Mont. Code Ann., Title 37;
and
6. WHEREAS, the AGREEMENT outlines the purposes, powers, rights,
obligations, and responsibilities of the PARTIES and shall be authorized and approved by this
ORDINANCE, as well as by similar ordinances enacted by each PARTY; and
7. WHEREAS, pursuant to the provisions of the INTERLOCAL ACT, any PARTY
may appropriate funds for, and may sell, lease, or otherwise give or supply to, the administrative
boards created under the AGREEMENT for the purpose ofperformunce of the AGREEMENT
and may provide such personnel or services therefore as may be within each PARTY's legal
power to furnish; and
8. WHEREAS, on the 16th day of September, 1997, LAUREL adopted a resolution,
R97-49, approving an interlocal agreement, (the "FIRST INTERLOCAL AGREEMENT"), and
authorized the Mayor and City Clerk of LAUREL to execute the FIRST INTERLOCAL
AGREEMENT, and on the 18th day of December, 2001, the City Council of LAUREL enacted
Ordinance Number O01-05, entitled, "AN ORDINANCE APPROVING THE INTERLOCAL
AGREEMENT BETWEEN THE CITY OF LAUREL, CITY OF BILLINGS, AND
YELLOWSTONE COUNTY CREATING A MULTI-JUPdSDICTIONAL SERVICE
DISTRICT NAMED YELLOWSTONE CITY-COUNTY HEALTH DEPARTMENT,"
approving the FIRST INTERLOCAL AGREEMENT, as required by the provisions of Mont.
Code Arm. §7-11-1105(1); and
9. WHEREAS, BILLINGS and the COUNTY passed similar ordinances approving
the FIRST INTERLOCAL AGREEMENT; and
10. WHEREAS, the AGREEMENT supercedes the FIRST INTERLOCAL
AGREEMENT; and
11. WHEREAS, LAUREL desires to enter into this AGREEMENT under which,
by Article I of this AGREEMENT, a multi-jurisdictional health service district named
Yellowstone City-County Health Department (hereinafter "YCCHD"), is created;
12. WHEREAS, under the provisions of Mont. Code Ann. §7-11-1102(2)(i), health
department functions, as described in Title 50, Chapter 2 of the Montana Code Annotated shall
be provided for the benefit of the PARTIES by the Yellowstone City-County Health
Department ("YCCHD"); and
13. WHEREAS, under the provisions of Mont. Code Ann. §7-11-1102(2)0),
YCCHD shall provide health services and related services to, and for the benefit of the
PARTIES; and
14. WHEREAS, under the provisions of Mont. Code Ann. §7-11-1102(2)(h), and
the provisions of the Clean Air Act of Montana, Mont. Code Arm. §§75-2-101 et seq.
(hereafter the "CLEAN AIR ACT"), LAUREL desires to participate in the Air Pollution
Control Program (the "PROGRAM") established under the AGREEMENT, to be administered
as a multi-jurisdictional service district consistent with the provisions of the CLEAN AIR
ACT; and
15. WHEREAS, it is the intent of LAUREL that by entering into the
AGREEMENT by enacting this ORDINANCE, the members of the BOARD OF HEALTH, as
defined and as appointed under the terms of the AGREEMENT, shall constitute the Air
Pollution Control Program Board (hereafter "AIR POLLUTION CONTROL BOARD"); and
16. WHEREAS, the provisions of the Mont. Code Ann. §§7-11-1101 et seq. and
the CLEAN AIR ACT provide that the PARTIES may administer the PROGRAM in
cooperation with each other and LAUREL desires to participate in the administration of the
PROGRAM by entering into the AGREEMENT; and
17. WHEREAS, LAUREL, by this ORDINANCE hereby authorizes the creation
and administration of the PROGRAM, as provided in Article Il of the AGREEMENT; and
18. WHEREAS, the City Council of LAUREL authorizes the execution of the
AGREEMENT by the Mayor and City Clerk of LAUREL, for and on behalf of LAUREL,
NOW, THEREFORE, the City Council for the City of Laurel, Montana adopts the
following ORDINANCE:
Section 1. Name of Multi-Jurisdictional Service District. The name of the multi-
jurisdictional service district is the Yellowstone City-County Health Department ("YCCHD"), as
described in Article I of the AGREEMENT, and the Air Pollution Control Program (the
"PROGRAM"), as described in Article II of the AGREEMENT.
Section 2. Services to Be Provided by the Proposed District. The services to be
provided by YCCHD and the PROGRAM are more particularly defined in the AGREEMENT.
Section 3. Statement of Convenience and Necessity. Thc establishment of this
AGREEMENT is necessary and convenient as described in the recitals to this ORDINANCE and
in the AGREEMENT.
Section 4. Boundary of the YCCHD. The boundary maps for YCCHD and the
PROGRAM are incorporated into the AGREEMENT.
Section 5. Estimated Costs of Services and Methods of Financing. The estimated
costs of services and methods o£ financing YCCHD and the PROGRAM are more particularly
described in the AGREEMENT.
Section 6. Method of Administering YCCHD and the PROGRAM. YCCHD and
the PROGRAM shall be administered by the BOARD OF HEALTH, as provided in the
AGREEMENT.
Section 7. Property Taxes in the District. Subject to the provisions of Mont. Code
Ann. §§ 15-10-420, and 425, and Mont. Code Ann. §7-11-1112, the maximum property tax
mill levy from property taxes the COUNTY may assess shall be no more than a total of 10.00
mills. Notwithstanding the maximum property tax mill levy stated herein, upon a determination
that the general fund of the COUNTY is not sufficient to meet the approved budget of
YCCHD, the COUNTY may assess additional mills as needed under thc provisions of Mont.
Code Ann. §50-2-114.
Section 8. Amendment of Interlocal Agreement. The AGREEMENT may be
amended by written modification between the parties to the AGREEMENT without an ordinance
approving the amendment, except for those matters described in Mont. Code Ann. §7-11-1106,
which require an amendment to the ordinance.
Section 9. Authorization to Execute AGREEMENT. Upon adoption of this
ORDINANCE, the Mayor of LAUREL and the City Clerk are authorized and directed to execute
the AGREEMENT.
Section 10. Effective Date. The ORDINANCE is effective thirty days after second
reading and final adoption as provided by law.
Section 11. Severability. I£any provision of this ORDINANCE or the application
thereo£ to pay person or circumstances is held invalid, such invalidity shall not affect the other
provisions of this ORDINANCE which may be given effect without the invalid provisions of
application and, to this end, the provisions of this ORDINANCE are declared to be severable.
Introduced and passed on first reading at a regular meeting of the City Council on
May 4 _, 2004, by Alderman Easton
PASSED and ADOPTED by the Laurel City Council on second reading this let day
of June ,2004, upon motion of Alderwoman Stevenson
APPROVED BY THE MAYOR this 1 st day of June ,2004.
ATTEST:
Mary r~Embleton, Clerk-Tre28~rer
Elk River Law Office, P.L.L.P.
? ~-'
.so~, Jr., ~yor
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INTERLOCAL AGREEMENT
An Interlocal Agreement (hereafter "AGREEMENT") is hereby entered into, effective
as of July l, 2004, (the "EFFECTIVE DATE"), by and between the following public
agencies:
1. Yellowstone County, Montana (hereafter the "COUNTY"), the City of Billings,
Montana (hereafter "BILLINGS"), and the City of Laurel, Montana (hereafter "LAUREL"),
for the creation of a multi-jurisdictional service district which shall provide health services and
health department functions, as fully set forth in Article I, hereafter;
and
2. The Town of Broadview, Montana (hereafter "BROADVIEW"), the COUNTY,
BILLINGS and LAUREL, for the creation and administration of an air pollution control
program (hereafter the "PROGRAM"), conditioned upon approval of the State of Montana,
Board of Environmental Review (hereafter the "BOARD OF REVIEW"), as fully set forth in
Article II, hereafter.
Collectively, the COUNTY, BILLINGS, LAUREL and BROADVIEW, may be
referred to individually as a "PARTY" and collectively as the "PARTIES."
RECITALS
1. WHEREAS, agreements between local governments may be created by
interlocal agreement; and
2. WHEREAS, each PARTY is a "public agency" as defined under the Interlocal
Cooperation Act, Mont. Code Ann. §§7-11-101 et seq. (hereafter the "INTERLOCAL ACT");
and
3. WHEREAS, the INTERLOCAL ACT permits, and the PARTIES desire, to
make the most efficient use of their powers by enabling them to cooperate with each other on a
basis of mutual advantage, and thereby to provide services and facilities in a manner and
pursuant to forms of government organization that will accord best with geographic, economic,
population, and other factors influencing the needs and development of local communities, and
therefore, the PARTIES enter into this AGREEMENT; and
4. WHEREAS, the PARTIES may form multi-jurisdictional service districts to
provide a higher level of service than is available through any one particular public agency
forming the multi-jurisdictional service district; and
5. WHEREAS, under the INTERLOCAL ACT, the PARTIES may and hereby
contract with each other to delegate the performance of certain administrative services,
activities, or undertakings to the boards created under this AGREEMENT, including, but not
limited to, the hiring of or comracting with professional persons licensed under Mont. Code
Ann., Title 37; and
6. WHEREAS, this AGREEMENT outlines the purposes, powers, rights,
obligations, and responsibilities of the PARTIES herein and this AGREEMENT has been
authorized and approved by the governing body of each PARTY; and
7. WHEREAS, pursuant to the provisions of the INTERLOCAL ACT, any
PARTY may appropriate funds for, and may sell, lease, or otherwise give or supply to, the
administrative boards created under this AGREEMENT for the purpose of performance of this
AGREEMENT and may provide such personnel or services therefore as may be within each
PARTY's legal power to furnish; and
8. WHEREAS, on the 16th day of September, 1997, LAUREL adopted a
resolution, R97-49, approving an interlocal agreement, a true and correct copy of which is
attached hereto as Exhibit "A," (hereafter the "FIRST INTERLOCAL AGREEMENT") and
authorized the Mayor and City Clerk of LAUREL to execute the FIRST INTERLOCAL
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AGREEMENT, and on the 18th day of December, 2001, the City Council of LAUREL enacted
Ordinance Number 001-5, emitled, "AN ORDINANCE APPROVING THE INTERLOCAL
AGREEMENT BETWEEN THE CITY OF LAUREL, CITY OF BILLINGS, AND
YELLOWSTONE COUNTY CREATING A MULTI-JURISDICTIONAL SERVICE
DISTRICT NAMED YELLOWSTONE CITY-COUNTY HEALTH DEPARTMENT,'
approving the FIRST INTERLOCAL AGREEMENT, as required by the provisions of Mont.
Code Ann. §7-11-1105(1); and;
9. WHEREAS, on the 14th day of October, 1997, the City Council of BILLINGS
(the "COUNCIL") approved the FIRST INTERLOCAL AGREEMENT by COUNCIL action
and authorized the Mayor and City Clerk of BILLINGS to execute the FIRST INTERLOCAL
AGREEMENT, and on the 11th day of February, 2002, the COUNCIL enacted Ordinance
Number 02-5184, entitled, "AN ORDINANCE OF THE CITY OF BILLINGS, MONTANA,
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF BILLINGS, BE AMENDED
BY ADDING A SECTION TO BE NUMBERED, 15-104(a) THROUGH (e); APPROVING
THE INTER.LOCAL AGREEMENT BETWEEN THE CITY OF LAUREL, CITY OF
BILLINGS, AND YELLOWSTONE COUNTY CREATING A MULTI-JURISDICTIONAL
SERVICE DISTRICT NAMED YELLOWSTONE CITY-COUNTY HEALTH
DEPARTMENT,' approving the FIRST INTERLOCAL AGREEMENT, as required by the
provisions of Mont. Code Ann. §7-11-1105(1); and
10. WHEREAS, the COUNTY adopted a resolution approving the FIRST
INTERLOCAL AGREEMENT on October 3, 1997, Resolution No. 97-74, and on August 19,
2003, the COUNTY enacted ORDINANCE NO. 03-101, AN ORDINANCE APPROVING
AMENDMENTS TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF
LAUREL, CITY OF BILLINGS, AND YELLOWSTONE COUNTY CREATING A MULTI-
JURISDICTIONAL SERVICE DISTRICT NAMED YELLOWSTONE CITY-COUNTY
HEALTH DEPARTMENT, SUPPLEMENTING AND RATIFYING CERTAIN ACTIONS
TAKEN IN THE FORMATION OF THE MULTI-JURISDICTIONAL SERVICE DISTRICT,
YELLOWSTONE COUNTY RESOLUTION 97-74, approving the FIRST INTERLOCAL
AGREEMENT, as required by the provisions of Mont. Code Ann. 87-11-1105(1); and
11. WHEREAS, this AGREEMENT supercedes the FIRST INTERLOCAL
AGREEMENT; and
12. WHEREAS, the COUNTY, BILLINGS and LAUREL hereby create, by Article
I of this AGREEMENT, a multi-jurisdictional health service district named Yellowstone City-
County Health Department (hereinafter "YCCHD"); and
13. WHEREAS, under the provisions of Mont. Code Ann. §7-11-1102(2)(i),
YCCHD shall provide health department functions, which are set forth in Title 50, Chapter 2
of the Montana Code Annotated (hereafter "HEALTH DEPARTMENT FUNCTIONS"); and
14. WHEREAS, under the provisions of Mont. Code Ann. §7-11-1102(2)(i),
YCCHD shall also provide health services and related services (hereafter "HEALTH
SERVICES") as permitted by law; and
15. WHEREAS, under the provisions of Mont. Code Ann. §7-11-1102(2)(h), and
the provisions of the Clean Air Act of Montana, Mont. Code Ann. 8§75-2-101 et seq.,
(hereafter the "CLEAN AIR ACT"), the PARTIES further desire and hereby establish an Air
Pollution Control Program (the "PROGRAM"), to be administered as a multi-jurisdictional
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service district consistent with the provisions of the CLEAN AIR ACT, including approval of
the PROGRAM by the BOARD OF REVIEW; and
16. WHEREAS, it is the intent of the PARTIES that by this AGREEMENT the
members of the BOARD OF HEALTH, as defined hereafter, and appointed as provided
herein, shall constitute the Air Pollution Control Program Board (hereafter "AIR
POLLUTION CONTROL BOARD"); and
17. WHEREAS, the provisions of the Mont. Code Ann. §§7-11-1101 et seq. and
the CLEAN AIR ACT provide that the PARTIES may administer the PROGRAM in
cooperation with each other and the PARTIES desire to administer the PROGRAM by entering
into this AGREEMENT; and
18. WHEREAS, the PARTIES hereby create the PROGRAM to be administered as
provided herein.
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the COUNTY,
BILLINGS, LAUREL and BROADVIEW agree as follows:
ARTICLE I.
MULTI-JURISDICTIONAL SERVICE DISTRICT
YELLOWSTONE CITY-COUNTY HEALTH DEPARTMENT
1. Name of Multi-Jurisdictional Service District. The name of the multi-
jurisdictional service district is the Yellowstone City-County Health Department ("YCCHD").
2. Participants in YCCHD. The public agencies that participate in the creation
and operation of YCCHD arc the COUNTY, BILLINGS and LAUREL.
3. Services Provided. The services provided by YCCHD include HEALTH
DEPARTMENT FUNCTIONS and HEALTH SERVICES.
4. Boundary of YCCHD. For the provision of HEALTH DEPARTMENT
FUNCTIONS, the boundary of YCCHD shall be the boundary of the COUNTY, as set forth
on the map attached hereto as Exhibit "B," and made a part hereof, provided, that YCCHD
may contract with other local governmem units within the State of Montana and the State of
Momana for the provision of HEALTH DEPARTMENT FUNCTIONS outside the boundary
of the COUNTY, but YCCHD shall allocate no funds from tax levies or appropriations from
the COUNTY's general fund for the HEALTH DEPARTMENT FUNCTIONS provided by
YCCHD outside the boundary of the COUNTY. For the provision of HEALTH SERVICES,
the boundary of YCCHD shall be the boundary of the State of Montana, as set forth on the
map attached as Exhibit "C" provided, however, that YCCHD shall allocate no funds from tax
levies or appropriations from the COUNTY's general fund for HEALTH SERVICES provided
by YCCHD outside the COUNTY.
5. YCCHD Funding.
a. Funding Sources. YCCHD shall be funded as follows:
i. Through revenues and fees generated by the provision of
HEALTH SERVICES;
ii. Through revenues and fees generated by the provision of
HEALTH DEPARTMENT FUNCTIONS;
iii. Through charitable gifting and charitable contributions;
iv. Through federal, state, local and private grants, payments and
appropriations permitted by law, including but not limited to, COUNTY general
fund appropriations and other appropriations from the COUNTY, BILLINGS
and LAUREL, as permitted by law;
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v. As of the EFFECTIVE DATE, YCCHD is funded through
property tax assessments totaling 5.75 mills. Subject to the provisions of Mont.
Code Ann. §§15-10-420, and 425, and Mont. Code Ann. §7-11-1112, the
maximum property tax mill levy from property taxes the COUNTY may assess
for YCCHD shall be no more than a total of 10.00 mills. Notwithstanding the
maximum property tax mill levy stated herein, upon a determination that the
general fund of the COUNTY is not sufficient to meet the approved budget of
YCCHD, the COUNTY may assess additional mills as needed under the
provisions of Mont. Code Ann. §50-2-114; and
vi. Through such other payments and appropriations as YCCHD may
lawfully receive.
b. COUNTY Determination of Additional Funding. As long as BILLINGS
and LAUREL have no obligation for financial contribution to the funding of YCCHD
under this Article I, paragraph 5, the COUNTY may increase the funding of YCCHD
as it shall determine and approval from BILLINGS or LAUREL to increase funding of
YCCHD through an increased mill levy, or otherwise, shall not be required.
c. BILLINGS and LAUREL Funding. BILLINGS and LAUREL may
provide such funding for YCCHD as agreed by the COUNTY, BILLINGS and
LAUREL.
d. The funding described in this Article I, paragraph 5, is unrelated to the
obligations of the COUNTY, BILLINGS and LAUREL to fund the PROGRAM, as
provided and described in Article II, paragraph 9.
6. Organization of YCCHD.
a. YCCHD shall be a separate legal entity, administered by the Board of
Health (hereafter the "BOARD OF HEALTH").
b. The BOARD OF HEALTH shall be appointed as follows:
i. The BOARD OF HEALTH shall consist of members, hereafter
"BOARD MEMBERS," of not less than twelve (12), nor more than fifteen (15).
At least two (2) BOARD MEMBERS shall be appointed by the COUNTY; at
least two (2) BOARD MEMBERS shall be appointed by the Mayor of
BILLINGS with the consent of the COUNCIL; and at least one (1) BOARD
MEMBER shall be appointed by the Mayor of LAUREL with the consent of the
Laurel City Council. The remaining 7-10 BOARD MEMBER positions shall be
filled by the BOARD OF HEALTH.
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ii. Selection of the BOARD MEMBERS and their respective terms
of appointment shall be as follows:
(2)
COUNCIL:
(1) By the
(a)
December 31,
(b)
December 31,
By the
Board of County Commissioners of COUNTY;
One (1) member whose term shall expire
2005;
One (1) member whose term shall expire
20O6;
Mayor of BILLINGS with the consent of the
(a)
December 31,
(b)
December 31,
One (1) member whose term shall expire
2005;
One (1) member whose term shall expire
2OO6;
(3) By the Mayor of LAUREL with the consent of the
LAUREL City Council:
(a) One (1) member whose term shall expire
December 31, 2006;
(4) By the BOARD OF HEALTH:
(a) Three (3) members whose terms shall expire
December 31, 2004;
(b) Two (2) members whose terms shall expire
December 31, 2005;
(c) Two (2) members whose terms shall expire
December 31, 2006;
iii. All BOARD MEMBER positions will run for a period of three
(3) years.
c. The BOARD OF HEALTH shall adopt bylaws, rules, and regulations
for its operation and administration.
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7. Delegation of Authority. COUNTY, BILLINGS and LAUREL hereby
delegate to YCCHD, through the BOARD OF HEALTH, authority for administration of
HEALTH DEPARTMENT FUNCTIONS and HEALTH SERVICES.
8. Chief Executive Officer. The BOARD OF HEALTH shall appoint a chief
executive officer for YCCHD (hereafter "CEO"), who will employ suitable personnel,
including professionals licensed under Title 37, Montana Code Annotated, to carry out the
purposes of this AGREEMENT. The CEO may also be the Health Officer, as that position is
defined in Mont. Code Ann. § 50-2-116, (hereafter "HEALTH OFFICER"). The powers and
duties of the HEALTH OFFICER are as specified in Mont. Code Ann. § 50-2-118.
9. Manner of Acquiring, Holding and Disposing of Property. YCCHD shall
have all of the authority and power granted to it under this AGREEMENT to the extent
entitled under Title 50, Chapter 2 and Title 7, Chapter 11 of the Montana Code Annotated,
including but not limited to, the following:
a. YCCHD shall seek to cooperate with and, where appropriate, contract in
its own right with other state, federal, and private organizations and individuals having
mutual interests.
b. YCCHD is authorized to enter into contracts in its own name, including
contracts to receive grant monies and enter into contracts for the provision of HEALTH
SERVICES, HEALTH DEPARTMENT FUNCTIONS, and other activities not
inconsistent with the terms of this AGREEMENT or with the laws of the State of
Montana. All revenues from HEALTH SERVICES are to be contracted directly to the
BOARD OF HEALTH. YCCHD shall annually establish and maintain a budget, which
shall be adopted and approved by the BOARD OF HEALTH.
c. YCCHD, in its name or in the name of the BOARD OF HEALTH, may
establish such bank or investment accounts, as it shall deem necessary to fulfill its
duties and obligations as described herein.
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d. YCCHD is authorized to acquire, receive, hold, and dispose of real and
personal property through acquisition, sale, gift, lease, or otherwise, and may hold and
own such property in the name of YCCHD or the BOARD OF HEALTH.
e. YCCHD is authorized to sue and be sued.
10. Annual Reporting. YCCHD shall annually render a report of its financial
condition and a summary of its activities to the COUNTY, BILLINGS and LAUREL.
11. Cooperation. The COUNTY, BILLINGS and LAUREL agree to cooperate
fully with YCCHD, the BOARD OF HEALTH, and the management staff of YCCHD in order
to carry out this AGREEMENT, and will make all information and facilities reasonably
available as needed for this purpose.
12. Insurance, Claims, Defense.
a. The COUNTY shall defend and shall pay or settle all claims asserted
against YCCHD or its officers, BOARD MEMBERS and employees, relating in any
way to HEALTH DEPARTMENT FUNCTIONS.
b. YCCHD will obtain appropriate insurance, which covers HEALTH
SERVICES activities, including comprehensive liability insurance, naming the
COUNTY, BILLINGS and LAUREL as additional insureds. YCCHD shall not be
responsible for the defense of, payment or settlement of, claims for:
i. Those matters described in paragraph 12(a) of this Article I;
ii. Those matters and claims which the law mandates legal
representation by the Yellowstone County Attorney, including, but not limited
to, those matters set forth in Mont. Code Ann. §50-2-115;
iii. Those claims the COUNTY, BILLINGS or LAUREL is, or are
obligated by law, to defend, settle or pay; or
iv. Those claims which COUNTY and YCCHD agree the COUNTY
will defend, settle or pay.
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13. Retirement System Payment and Reporting. YCCHD shall be responsible
for reports and payments of retirement system contributions pursuant to Mont. Code Ann. §19-
2-506.
14. Termination.
a. Notice of Termination. The COUNTY, BILLINGS or LAUREL may
withdraw from this Article I (hereafter, the "WITHDRAWING PARTY"), by giving
written notice to the BOARD OF HEALTH of its intention to withdraw from the
AGREEMENT. Withdrawal shall only occur on the last day of the fiscal year of the
WITHDRAWING PARTY and written notice of withdrawal must be given at least one
year prior to the date the WITHDRAWING PARTY shall withdraw. The
WITHDRAWING PARTY shall be obligated to fund YCCHD, as provided in Article
I, paragraph 5, until it shall have withdrawn.
b. LAUREL's Withdrawal. In the event LAUREL withdraws from this
Article I, the BOARD OF HEALTH may by majority vote determine to continue to
operate under this AGREEMENT. The BOARD OF HEALTH MEMBER for
LAUREL shall abstain from voting to continue to operate under this AGREEMENT.
Upon withdrawal, LAUREL shall then have no further right of participation on the
BOARD OF HEALTH.
c. BILLINGS Withdrawal. In the event BILLINGS shall withdraw from
this Article I, the AGREEMENT shall terminate upon BILLINGS' withdrawal.
d. COUNTY Withdrawal. In the event the COUNTY shall withdraw from
this Article I, this AGREEMENT shall terminate upon the COUNTY's withdrawal.
e. BOARD OF HEALTH Termination. In the event the BOARD OF
HEALTH shall elect to terminate this AGREEMENT, it shall immediately terminate.
f. Effect of Termination. Upon termination, the assets of YCCHD shall
revert to the COUNTY, or to a non-profit entity, qualified as an IRC § 501(c)(3) or
similarly qualified entity, as the BOARD OF HEALTH shall determine. Termination
of this Article I shall act as a termination of the entire AGREEMENT.
15. Duration. This Article I shall continue until termination as provided in Article
I, paragraph 14.
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16. Current Assets and Reserves. The assets and reserves of YCCHD as of the
date of this AGREEMENT shall remain the property of YCCHD.
ARTICLE II.
MULTI-JURISDICTIONAL SERVICE DISTRICT
AIR POLLUTION CONTROL BOARD
Creation of Air Pollution Control Program. The PARTIES hereby create the
PROGRAM.
2.
Administration of the PROGRAM. The AIR POLLUTION CONTROL
BOARD shall administer the PROGRAM consistent with the provisions of the CLEAN AIR
ACT.
3. Delegation of Authority. The PARTIES hereby delegate to the AIR
POLLUTION CONTROL BOARD authority to administer the PROGRAM.
4. Chief Executive Officer. The AIR POLLUTION CONTROL BOARD shall
appoint a chief executive officer for the PROGRAM (hereafter "PROGRAM CEO") who shall
employ suitable personnel, including professionals licensed under Title 37, Montana Code
Annotated, to carry out the purposes of Article II of this AGREEMENT.
5. Duties of the AIR POLLUTION CONTROL BOARD. Subject to the
approval from the BOARD OF REVIEW, the AIR POLLUTION CONTROL BOARD shall
provide procedures for public notice, public hearing, public comment, and appeal for any
proposed new or revised rules, ordinances, or local laws adopted pursuant to this Article II.
The procedures must comply with the requirements of the CLEAN AIR ACT.
6. Authority of the AIR POLLUTION CONTROL BOARD. Subject to
approval from the BOARD OF REVIEW, the AIR POLLUTION CONTROL BOARD may:
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a. subject to the provisions of the CLEAN AIR ACT, provide by rule,
ordinance, or local law for requirements compatible with, more stringent than, or more
extensive than those imposed by Mont. Code Ann. § §75-2-203, 75-2-204, 75-2-211,
75-2-212, 75-2-215, 75-2-217 through 75-2-219, and 75-2-402 and rules adopted under
these provisions;
b. provide for the enforcement of requirements established under paragraph
6(a) of this Article II, through COUNTY action, by appropriate administrative and
judicial processes; and
c. provide for administrative organization, staff, financial resources, and
other resources necessary to effectively and efficiently carry out the PROGRAM; and
d. as part of meeting the requirement in Article II, paragraph 6, administer
the permit fee provisions of the CLEAN AIR ACT. The permit fees collected by the
PROGRAM shall be deposited in the COUNTY's special revenue fund to be used by
the PROGRAM for administration of permitting activities.
7. Emergency Powers. The PROGRAM shall have those emergency powers
provided under the CLEAN AIR ACT, as approved by the BOARD OF REVIEW.
8. Boundary. The Boundary of the PROGRAM shall be the COUNTY, except as
modified under the provisions of the CLEAN AIR ACT.
9. Funding the PROGRAM.
"BUDGET") shall be funded by:
a.
b.
C.
d.
e.
The annual budget of the PROGRAM (the
federal aid and state aid;
permit fees received by the PROGRAM;
assessments, fines and penalties, received by the PROGRAM;
contractual payments;
reserves of the PROGRAM to the extent that such reserves exceed 25 %
of the BUDGET; and
f. Funding by the PARTIES - Arbitration. The remainder of the BUDGET
shall be funded and paid by the PARTIES in proportion to the services provided to each
13
PARTY by the PROGRAM (the "ALLOCATION"). The PROGRAM shall submit the
BUDGET, the COUNTY shall advance the ALLOCATION, and the PARTIES shall
pay the ALLOCATION as follows:
i. Submission and Payment of the BUDGET. On or before
March 1 of each year, the PROGRAM CEO, with approval of the PROGRAM
BOARD, shall submit the BUDGET to the COUNTY for the upcoming year.
(1) The BUDGET shall include the ALLOCATION, which
initially shall be:
(a)
(c)
(d)
For BILLINGS - 62%
For LAUREL - 3 %
For the COUNTY - 35 %; and
For BROADVIEW - 0 %.
(2) A PARTY's proportionate share of the ALLOCATION
may be adjusted annually based upon services provided by the
PROGRAM, but shall not increase more or decrease less than 25% from
the previous year, unless the increase or decrease is based upon a service
level change requested by a PARTY and approved by the PROGRAM
BOARD.
(3) The COUNTY shall pay the total ALLOCATION to the
PROGRAM as follows:
(a) Upon receipt from the PROGRAM BOARD, the
COUNTY shall place the BUDGET on its consem agenda and
accept or reject the BUDGET at its next regularly scheduled
meeting.
(b) The approved BUDGET shall be available from
the COUNTY and paid to the PROGRAM BOARD by July 1 of
each year.
ii. Reimbursement. On or before April 1 of each year, the
COUNTY shall submit the BUDGET to BILLINGS, LAUREL and
BROADVIEW for reimbursement of each PARTY's ALLOCATION, which
shall, subject to sub-paragraph (iii) below, be timely approved and reimbursed
to the COUNTY.
iii. Arbitration.
14
(1) If any PARTY shall not have acted on, or shall have
rejected all or any portion of, the BUDGET within thirty days of receipt
from the COUNTY, (hereafter "REJECTION") a representative of each
PARTY shall, within thirty days of REJECTION, meet (hereafter the
"JOINT MEETING") and resolve any issue concerning the BUDGET.
(2) If within thirty days of the JOINT MEETING, the
PARTIES are unable to resolve every issue pertaining to the BUDGET,
then the COUNTY shall immediately submit all unresolved issues to
arbitration, pursuant to the provisions of the Uniform Arbitration Act,
Mont. Code Ann. §§27-5-111, et seq., to an arbitrator appointed by a
majority of the PARTIES, or in lieu of the PARTIES failing to agree on
an arbitrator, to an arbitrator appointed by the COUNTY. The
PARTIES agree to be bound by the orders and final determination of the
arbitrator.
iv. Failure to Fund PROGRAM. If the BUDGET shall not be
funded by July 1 of each year, the PROGRAM BOARD shall have no
obligation, and may immediately cease, to provide services under the
PROGRAM.
10. Manner of Acquiring, Holding and Disposing of Property. The AIR
POLLUTION CONTROL BOARD shall have all of the authority and power granted to it
under this AGREEMENT and as approved by the BOARD OF REVIEW, including but not
limited to the following:
a. The AIR POLLUTION CONTROL BOARD shall seek to cooperate
with and, where appropriate, contract in its own right with other state, federal, and
private organizations and individuals having mutual interests.
b. The AIR POLLUTION CONTROL BOARD is authorized to enter into
contracts in its own name, or in the name of the PROGRAM, including, but not limited
to, contracts to receive grant monies and enter into contracts for the provision of the
administrative services the PROGRAM may perform by law or as provided herein, as
well as other activities not inconsistent with the terms of this AGREEMENT or with
the laws of the State of Montana.
c. The AIR POLLUTION CONTROL BOARD, in its name, or in the
name of the PROGRAM, may establish such bank or investment accounts, as it shall
deem necessary to fulfill its duties and obligations as described herein.
15
d. The AIR POLLUTION CONTROL BOARD is authorized to acquire,
receive, hold, and dispose of real and personal property through acquisition, sale, gift,
lease, or otherwise, and may hold and own such property in its name, or in the name of
the PROGRAM.
e. The AIR POLLUTION CONTROL BOARD, in its name, or in the
name of the PROGRAM, is authorized to sue and be sued.
11. Annual Reporting. The PROGRAM shall annually render a report of its
financial condition and a summary of PROGRAM activities to the PARTIES.
12. Cooperation. The PARTIES agree to cooperate fully with the PROGRAM, the
AIR POLLUTION CONTROL BOARD, and the management staff of the PROGRAM in
order to carry out this AGREEMENT, and will make all information and facilities reasonably
available as needed for this purpose.
13. Retirement System Payment and Reporting. YCCHD shall be the party
responsible for reports and payments of retirement system contributions pursuant to Mont.
Code Ann. §19-2-506.
14. Termination.
a. Termination by a PARTY. The provisions of this Article II shall
automatically renew and be binding upon each PARTY for additional one year terms
from the EFFECTIVE DATE, until any PARTY shall withdraw from the provisions of
this Article II by giving at least one year's notice of such withdrawal, PROVIDED:
i. Withdrawal shall only occur on the last day of the fiscal year of
the PARTY intending to withdraw, and written notice of withdrawal must be
given at least one year prior to the date the PARTY shall withdraw; and
ii. The PARTY intending to withdraw shall continue to provide
funding for the PROGRAM in amounts at least equal to the amount funded by
the PARTY in the year notice of the PARTY's intent to terminate its
participation was given.
b. Termination by the AIR POLLUTION CONTROL BOARD. The AIR
POLLUTION CONTROL BOARD may terminate this Article II at any time if the AIR
16
POLLUTION CONTROL BOARD reasonably determines there is insufficient funding
to implement the PROGRAM or for any other legitimate business reason.
15. Effect of Termination. Upon termination, the assets of the PROGRAM shall
revert to the COUNTY. Termination of this Article II shall not constitute a termination of any
other Article of this AGREEMENT.
16. Duration. This Article II shall continue until termination as provided in
Article II, paragraph 14.
17. Claims, Representation and Insurance. It shall be the duty of the COUNTY
to pay, satisfy or resolve by judicial or administrative proceeding, or otherwise, any and all
claims asserted against the AIR POLLUTION CONTROL BOARD, the PROGRAM, or the
employees of the PROGRAM, acting in the course and scope of their duties, (hereafter
"PROGRAM EMPLOYEES"), and to defend any and all claims made against the AIR
POLLUTION CONTROL BOARD, the PROGRAM and the PROGRAM EMPLOYEES. The
COUNTY may obtain such insurance as the COUNTY deems appropriate to insure against
such claims, demands or losses, but such insurance shall not relieve the COUNTY of any
obligations of this paragraph.
18. Boundary. The boundary of the PROGRAM shall be the COUNTY, as
identified in Exhibit "B," unless expanded or modified by the BOARD OF REVIEW, as
provided under Mont. Code Ann. §75-2-301(6).
19. Current Assets and Reserves. Upon execution of this AGREEMENT, the
assets and reserves of the existing air pollution control program shall immediately transfer and
be vested in the PROGRAM BOARD.
17
ARTICLE III.
MISCELLANEOUS
1. Filing of Agreement. Upon the execution of this AGREEMENT by the
PARTIES, it shall be filed with the Yellowstone County Clerk and Recorder and with the
Montana Secretary of State, in accordance with the provisions of Mont. Code Ann. § 7-11-
107.
2.
into every section of this AGREEMENT.
3. Additional Documentation. Each PARTY agrees to perform any further acts
and execute and deliver any documents that may be reasonably necessary to carry out the
provisions of this AGREEMENT.
4. Written Consent. The provisions of this AGREEMENT may be waived,
altered, amended, or repealed, in whole or in part, by written consent of all the PARTIES and
the BOARD OF HEALTH, and only upon the written consent of all the PARTIES and the
BOARD OF HEALTH. The AGREEMENT may be amended by written modification
between the PARTIES without an ordinance approving the amendment, except for those
matters described in Mont. Code Ann. §7-11-1106, which require an amendment to each
PARTY's ordinance approving the AGREEMENT.
5. Governing Law. This AGREEMENT shall be construed in accordance with,
and governed by, the laws of the State of Montana.
Incorporation of Recitals. The recitals to this AGREEMENT are incorporated
18
6. Execution in Counterparts. This AGREEMENT may be executed in one or
more counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
7. Superceding Document. This AGREEMENT shall supersede any previous
Imerlocal Agreemem, or other agreement, establishing YCCHD or the PROGRAM.
8. Waiver of Breach. The waiver by any PARTY of a breach or violation of any
provision of this AGREEMENT shall not operate as, or be construed to be, a waiver of any
subsequent breach of the same or other provisions hereof.
9. Captions and Construction. The captions used herein as headings for the
various paragraphs are for convenience only, and the PARTIES agree that such captions are
not to be construed to be part of this AGREEMENT or to be used in determining or construing
the intent or context of this AGREEMENT.
10. Severability of Provisions. Should any portion of this AGREEMENT be held
unenforceable or inoperative for any reason, such portion of this AGREEMENT shall not
affect any other portion of this AGREEMENT, but the remainder shall be as effective as
though such ineffective portion had not been contained in this AGREEMENT.
11. Assignment. This AGREEMENT shall inure to the benefit of and shall be
binding upon the PARTIES. No right or duty under this AGREEMENT, except as set forth in
it, may be assigned without the express written consem of all of the PARTIES.
12. Attorneys' Fees. In the event of breach of this AGREEMENT, the party at
fault shall pay to the other party all costs, including reasonable attorneys' fees, which may be
incurred by such other parties in enforcing its rights under this AGREEMENT.
19
13. Legal Interpretation of AGREEMENT. In the event that any state or federal
laws or regulations, now existing or enacted or promulgated after the effective date of this
AGREEMENT, are interpreted by judicial decision, regulatory agency, or legal counsel in
such a manner as to indicate that the terms of this AGREEMENT may be in violation of such
laws or regulations, the PARTIES shall amend or terminate this AGREEMENT as necessary
to comply with said laws or regulations to the maximum extent possible any such amendment
shall preserve the underlying economic and financial arrangements between the PARTIES.
CITY OF BILLINGS, MONTANA
By:
MAYOR
Date:
ATTEST:
By:.
CITY CLERK
21
ATTEST:
CiT~/CL-ERK -
CITY OF LAUREL, MONTANA
BY: ..~M~ZAy~-~
at~.' 06/01/04
22
TOWN OF BROADVIEW, MONTANA
By:
MAYOR
Date:
ATTEST:
By:
TOWN CLERK
23
BOARD OF COUNTY COMMISSIONERS
YELLOWSTONE COUNTY, MONTANA
By:.
CHAIRMAN
ATTEST:
Date: May 18, 2004
By:
COUNTY CLERK AND RECORDER
24
YELLOWSTONE CITY-COUNTY BOARD OF
HEALTH
By:.
CHAIRMAN
Date:
ATTEST:
By:.
SECRETARY
25
EXHIBIT **A'*
FIRST INTERLOCAL AGREEMENT
26
!
' ~)EFINITION OF i~UB]¥[C ~!-EALTH:
Public Health in Mon~ is defined ~ an applied sci~ des{gned to promote individ~,
co~mm~ ~d enviro~ heal~ by ~dersm:~g, ~ticipat~g ~d responding to thc h~alth-related
nee~ of~on~mns ~ ~elr co~. Public hc~ respomibiliti~ ~d activities ~e extel[ye mhd eeir
con,hurons ~e vi~y ~pomt to ~e h~ of Monm,n's cicero.
FUBLIC I-IF_xLT'~I COIR. K F~CTIONS ?3.E:
1. Assessment of health stat,as, trends, risks and resources.
2. Health. promotion.
3. Protection from health risks.
4. Asmrrmces of health service availability and quality.
5. Policy development.
6. Leadership, rechnleal c.,cpertise and administration.
WHEREAS, the Board of Comity commissioners, Yellow~xone County, Montana, created a
multijurlsdictional health service district named Yellowstone City-County Health Department (hereknafler
called YCCt-D), pursuan~ to section 7-11-1102, MCA, on October 3, 1997;
The following political subdivisions of the State of Montana eater into this Agreement, to be
effective JmxunO' ).,1998:
Yellowstone County, Montana, called County;
City of Billings, Montana, called Billings;
* City of Laurel, Montana. called Latucl.
I. The parties propose by th/s Agreement that the Disl~ict shall have all authority, permitted to be held by
local Boards of Health according to Part 1, Chapter 2, o£Title 50, of Montana Code Annotated.
2. Board membe 'mhip is'as follows:
a. Ex/sting Board memberskip will expire December 31, 1997.
b. The Bylaws of the Board shall requke that the Board membership be of not le~s than tweNe (12)
members, nor more than fifteen. (i 5) members, and skali require that at least two (2) Board
members shall be appointed by the Bo~d of Cotmty Corranissioners of Yellowstone County., at
least two (2) Board members shall be appointed by the Mayor with consent of the City Council of
the Cit')' of BillLngs, Montana, at lea~t one (1) member shall be appointed by the Mayor with
consent of the City Cotmcil of tim City of Latin:I, Montana (MCA 50-2-106), and the remairdng 7-
I~O~AL
S~Zt:~C~:, I997
.
10 board posi~or~ will be 5IIecl by ,'he Bo~.rd of I-le~l~. Iaiti~ ~elccdon shall be as f'oliows:
L By ~e Board of County Commissioners o£Yeltows~on¢ Cou.~ty:
1) erie (I) members whnsc term shall expLre December 31, 1999
2) One (I) member whose term shall expire December 3I, 2000
ii. By the Mayor with the consent of the City Council of Billings, ivlonrana 1) One (1) members whose term shrill exph'e December 31, 1999
2) One (1) member whose term shalI expire December 31, 2000
iff. By the Mayor with the consent of the City Council of Laurel, Montana
1) One (1) member whose term shall expire December 31, 2000
iv. By thc Bom-d of Health 1) Three (3) members whose term shall expire December 31, 1998
2) Two (2) members whnse term shalI expire December 31, 1999
3) Two (2) members whose term s}mll expLre December 31, 2000
c. After the LultiaI staggered a. ppokntmsnt~, ali posit'i~as will be for a period of rtkre,~ (3) years.
3. Bylaws of the ex/sting Board ofFlcalth .~'alI cont~.ue in effect until such time as the Board revises or
repeals current by-laws (MCA 50-2-106).
4. Each party a.~ ecs ti'mt it hereby del~gates authority for administration of the health-related programs
under its judsd/ction to thc Board. This authority slmll Lnclude adminlstratioa of approved budgets, the
e.x:isting equipment, exlstLng space utilized, and employment of the Executive Director who Mil
employ suitable personnel to carry, out the purposes of the District. All assets and liabilities of the'
current ¥CCH]D slm].l transfer to the new, multi-jurisdictional health service effective J,mk~.ry I, 1998.
5. The intent of this A~eement ~ to integ~e ail appropriate city and county health activities into the
District as of January 1, 1998. Current cmployees of the YCCHD shall be transferred to the
employment of the District as of such date and shall be guaranteed trmmfer of thelr ex/sting personal
benefim, includ/ng annual leave, sick leave and retirement.
6. The Board of Health sh~'dl employ a Health Officer as defined ht MCA 50-2-I 16. The power
duties of the Health Officer are as speciSed in MCA 50-2-118.
7. YCCI'tD shall provide stlch reasonable and necessary services as ars consistent ~ith the purpose et- r. he
enabling legislation to the lin:fit of available feuds_ Irt discharging such responsib[liD' ¥CCH. D shall
seek to cooperate wSth and, where apprJ*prlate, to contract Mth other state, fertcral~a.~, t>ri~ate
organizations having mutual interests. YCCHD [s empower~ to enter in~o contracts, mcludh~g
contracts to receive gr.'ink monies an~l:contrac~ for pc,'sormel ~sista~ce, so f~' as the same ~hall be
consistent w~th the pm-pose of enabling legislation, Ali YCCFI'D men/es are to be contracted directly to
the D[su'ict governed by the Bo~d of Hcalt~h.
.q.~.-m"i~ Mi1 r- P.., 1997
P^OE 3 of 3
YCCHD shag be funded tkrough federal, stat~, private fmads and the Health Mill th.rough the Comnty
mill levy (MCA 50-2-111). The B6=d of Heakh will present the budget on County mill dollars each
year to the Board of Count7 Commissioners for approval.
Y'CCHD shall annually render a report of its financial condition to the City Councils o[ Laurel cad
Billings and the Board of Cotmty Commissioners of Yellouatone Count},, MonTana.
10. 'Each party agrees they will cooperate fu/ly with YCCHD, the Board, and the m:magement staff of
YCCHD, in order to carry out fi'ds progranL and will make all information and facilities available as
needed for tiffs purpose.
11. YCCHD will obtain appropriate insurance, which covers' all act.iv/ties within thek responsibility
including co'mprehc'nsive liability insurance, xvhich rm. mes each poEtic,id subdivision ~ an additional
La, uTeri pm'ry.
12. This agreement c. aa be terminated by {Jae -n~-imotts agreement of the participating groups, the County
Commissioners of Yellowstone Cotmty, the City Council of the City of Billing$, Montana, and the CiD~
Council of the City of Laurel, Moatan~
ATTEST:
BOARD OF COUNTY CON~VilSSIONEP-.S
%rELLO~,VSTONE COUNTY, MONTANA
CHAIRMAN ·
A 1 lEST: ~,.C£TY OF BILLINGS, MONq',-'MNA
CITY CLERK ~5~' MAYOR - /
ATTEST:
CITY CLERK
CITY OF LAUtLEL, iMON'-FANA
EXHIBIT "B"
BOUNDARY MAP
HEALTH DEPARTMENT FUNCTIONS
AND
THE AIR POLLUTION CONTROL PROGRAM
27
EXHIBIT
BOUNDARY MAP
HEALTH SERVICES
28
MURPHY, KIRKPATRICK & FAIN, P.L.L.P.
ATTORNEYS AT LAW
208 North Broadway, Suite 208
Billings, Montana 59101
James P. Murphy, P.C.
Stewart R. Kirkpatrick www.murphkirk.com Telephone: 406-256-9700
Bruce F. Fain E -mail: StewareOmurphkirk.com Fax: 406- 256 -9755
'Also Admitted in Texas
April 22, 2004
MEMORANDUM
TO: Laurel City Council and Laurel City Attorney
FROM: Stewart R. Kirkpatrick, attorney, Yellowstone City
County Health Department
RE: Interlocal Agreement - Ordinance
Our firm represents the Yellowstone City- County Health
Department ( "YCCHD "). The purpose of this memorandum is to
provide the City Council with information about the ordinance,
interlocal agreement (hereafter referred to as the "Agreement "),
and notice and to assist the Council in its process of approving
the ordinance. The ordinance, interlocal agreement and notice
accompany this memorandum.
Background
The City of Laurel is a party to two agreements to which the
attached interlocal agreement relates.
1. The Health Department. In December, 2001, the Laurel
City Council approved an ordinance, Ordinance No. 001 -5,
ratifying the City's previous resolution (R97 -49) which approved
an Interlocal Agreement ( "First Interlocal Agreement ") between
Laurel, Billings and Yellowstone County. The First Interlocal
Agreement created a multi - jurisdictional service district, known
as the Yellowstone City- County Health Department (the "Health
Department "). The reason for the Council's 2001 action was to
appropriately approve the creation of the Health Department by
enacting an ordinance, as required by law, rather than approve
the First Interlocal Agreement by resolution.
The City of Laurel has maintained representation on the
Board of Health, the governing body for the Health Department,
and until recently, the Vice -Chair of the Board of Health is a
Laurel appointee.
The accompanying Agreement revises the First Interlocal
Agreement. The Board of Health has determined that now is an
appropriate time to make some revisions, updates and
clarifications to the First Interlocal Agreement. Over the years
the expansion of the Health Department has made it necessary to
update the First Interlocal Agreement. The ordinance
accompanying this memorandum adopts the Agreement which
supercedes the First Interlocal Agreement.
2. The Air Pollution Control Program. In 1969 the City of
Laurel became a party, with the City of Billings and Yellowstone
County, to an agreement establishing a local Air Pollution
Control Program. That agreement was modified in 1983. Recently,
the Yellowstone County Commissioners requested that the Health
Department take over administration of the Air Pollution Control
Program and the Health Department has agreed. The City of Laurel
is an integral part of the Air Pollution Control Program and thus
is part of the Agreement. The Agreement provides that
administration of the Air Pollution Control Program be moved to
the Health Department.
3. The Agreement. The Agreement has two substantive
Articles which address the new responsibilities of the Health
Department:
a. Article I revises and supercedes the First Interlocal
Agreement. It more clearly identifies the functions
and services provided by the Health Department and
outlines how the Health Department is funded,
administered and operated. The participants in the
Health Department under Article I are: the Health
Department, the City of Laurel, the City of Billings
and the County.
b. Article II places the Air Pollution Control Program
under the auspices of the Health Department. The
participants in the Air Pollution Control Program under
Article II are: the Health Department, the City of
Laurel, the City of Billings, the County and the City
of Broadview.
The Agreement is a collaborative effort between the Health
Department, Billings, Laurel and Broadview. Counsel for
Billings, Broadview, the County, the Health Department, and the
2
City of Laurel have reviewed, had input in, and have approved the
Agreement. Bond counsel has also reviewed the Agreement.
City Council Action
Under Montana law, an ordinance is required in order to
create a multi - jurisdictional service district by interlocal
agreement. See Mont. Code Ann. §7 -11- 1105(1). The Ordinance is
lengthy because the Montana law requires that the Ordinance
contain the following provisions:
• the name of the proposed district;
• the services to be provided by the proposed district;
• a statement of convenience and necessity;
• a boundary map of the proposed district;
• estimated costs of services and methods of financing
the district;
• the method of administering the proposed district; and
• subject to 15 -10 -420, the maximum property tax mill
levy for property taxes in the district.
See Mont. Code Ann. §7 -11 -1106. Upon approval, notice of the
Ordinance must be published and if within thirty days of
publication more than 50% of the electors, or the owners of more
than 50% of the taxable value of the property of the district,
protest the Ordinance, it becomes void. See Mont. Code Ann. §7-
11 -1107 (2) (c) .
Funding Impact by Approving the Interlocal Agreement
Funding for the Health Department comes from a County mill
levy, from federal grant monies, and from income generated
through the provision of health services. The City of Laurel,
although a party to the agreement, has not, nor is it expected in
the future, to provide funding for Health Department operations.
The City of Laurel has participated in funding the Air
Pollution Control Program and the Agreement continues to require
funding from the City of Laurel. After State and Federal
payment, permit fees, and contractual payments are received, the
remaining balance of the Air Pollution Control Program budget
payable by the local governmental entities (traditionally
$40,000.00 to $50,000.00 per year) will be funded by the County,
the City of Billings and the City of Laurel in proportion to the
services provided. For example, the current funding of the Air
3
Pollution Control Program is:
• City of Billings 62%
• Yellowstone County 35%
• City of Laurel 3%
• City of Broadview 0%
based on 2003 services provided to each.
Conclusion
The Laurel City Attorney has approved the Agreement, the
Ordinance and the Notice. The Board of Health respectfully
requests that the Laurel City Council publish the Notice in
advance of the first reading of the Ordinance and adopt the
Ordinance approving the Agreement. A member of the Health
Department will participate in the City's work shop discussion on
the 27t of April and will attend both public hearings on the
Ordinance.
If you have any questions concerning this process, please
feel free to contact me.
Sincerely,
1110 2:142:]=11==
ewart R. Kirkpatrick
SRK/
enc.
cc: Sam Painter, Esq.
Lil Anderson (YCCHD)
Michelle Reed (YCCHD)
4