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Chapter 68 – Health Care Facility Board





5-68-1     Purpose
5-68-2     Health Care Facility Board
5-68-3     Organization of Board of Trustees
5-68-4     Organization of Board
5-68-5     Duties of Board of Trustees
5-68-6     Authority to Accept Property
5-68-7     Pledging Credit or Taxing Power Prohibited
5-68-8     Penalty
5-68-9     Severability Clause 

 SECTION 5-68-1                  PURPOSE. The purpose of this ordinance is to create and establish an administrative agency under the provisions of and within the meaning of Chapter 392 of the 2008 Code of Iowa and specifically to establish a health care facility as provided by Section 392.6 of said Code.

 SECTION 5-68-2                  HEALTH CARE FACILITY BOARD.  A health care facility board is hereby created whose members shall be designated as trustees and who shall be vested with authority to provide for the management, control and government of the Belle Plaine Health Care Facility and who shall provide all needed rules for the economic conduct thereof, all as provided by this ordinance.

 SECTION 5-68-3                  ORGANIZATION OF BOARD OF TRUSTEES.  The board of trustees shall consist of three trustees who shall be appointed by the City Council and whose terms of office shall be six years. One trustee shall be appointed every two years, and each trustee shall continue to hold office until a successor trustee has been appointed and has qualified for office.

 SECTION 5-68-4                  ORGANIZATION OF BOARD.  The trustees shall qualify by taking the oath of office and shall organize as a board by the election of one of their number as chairman and one as secretary; no bond shall be required of them. The official serving as City Clerk of the City shall be the treasurer of the board of trustees and shall receive and disburse all funds under control of the board as ordered by it but shall receive no additional compensation for such services.

 No trustee shall receive any compensation for services performed as a board member but may receive reimbursement for any cash expenses actually made for personal expenses incurred as a trustee.

 SECTION 5-68-5                  DUTIES OF BOARD OF TRUSTEES.  The board of trustees shall provide all needed rules for the economic conduct and operation of the health care facility and shall annually prepare a condensed statement of the total receipts and expenditures for said facility and cause the same to be published in a newspaper of general circulation in the City of Belle Plaine. The board of trustees shall also prepare and present to the City Council at its first meeting in the months of April, July, October and January an itemized accounting of all receipts and disbursements for the previous twelve months at the first meeting in each year. The board of trustees shall have all powers and duties necessary for the management, control and government of the health care facility, specifically including but not limited to all powers contemplated by Section 392.5 of the 2008 Code of Iowa and any applicable powers and duties granted boards of trustees under other provisions of Chapter 392 of the Iowa Code relating to hospitals, nursing homes and custodial homes, irrespective the chapter or code under which such institutions are established, organized, operated or maintained.

 SECTION 5-68-6                  AUTHORITY TO ACCEPT PROPERTY. The authority of the board of trustees shall include but not be limited to accepting property by gift, devise, bequest or otherwise; and, if the board deems it advisable, may, at public sale, sell or exchange any property so accepted upon a concurring vote of a majority of all members of the trustees and apply the proceeds thereof, or property received in exchange therefore, to any legitimate health care facility purpose.

 The board may also in its discretion establish a fund for depreciation as a separate fund; said 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 States Government Bonds until such time as in the judgment of the board of trustees it is deemed advisable to use the funds for health care facility purposes.

 SECTION 5-68-7                  PLEDGING CREDIT OR TAXING POWER PROHIBITED.  This agency and its members may not pledge the credit or taxing power of the City of Belle Plaine.

 SECTION 5-68-8                  PENALTY.  The board of trustees may adopt rules and provide penalties for violation thereof including penalties for denial of the use of said facility or participation in a program and establish provisions for hearing appeals for the denial of such use or participation.

 SECTION 5-68-9                  SEVERABILITY CLAUSE.  If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional

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