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0110ORDINANCE NO. AN ORDINANCE CREATING THE JACKSONVILLE MUNICIPAL HOSPITAL COMMISSION: AND PRE- SCRIBING THEIR POWERS, DU'T'IES, TERMS OF OFFICE, ME'T'HOD OF APPOINTMENT, AND OTHER MATTERS PERTAINING THERETO. 17 WHEREAS, at an election on the day of , 10 duly called and held pursuant to the provisions of Amendment No. 13 to the Constitution of the State of Arkansas, the electors of the City authorized the issuance of General Obligation Bonds of the City for the purpose of financing the cost of constructing a City Hospitals and WHEREAS, in accordance with the mandate of the electors, the City should proceed with the construction of said Hospital as expeditiously and economically as possible; and WHEREAS, there are many matters in connection therewith that re- quire particular attention, including, without limitation, the obtaining of funds from the Federal Government under legislation of the Congress of the United States and from other sources to supplement the proceeds of the bond issue; and WHEREAS, the interests of the City and the inhabitants thereof will be best served by the appointment of a special commission to handle all mat- ters pertaining to the Hospital preliminary to and during the construction and to operate the same after construction; ar}El WHEREAS the City, as a city of the first class, has the authority � to create such a copltnlesion under the provisions of Act 322 of 1947, Ark. Stats. 19--01l et se q.; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jacksonville, Arkansas: Section 1. That there is hereby created a Commission to be known as the Jacksonville Municipal Hospital Commission and to be composed of five (5) citizens who are qualified electors of the City of Jacksonville, Arkansas. -2 - Section 2. That said Commission shall be appointed by the Mayor , and confirmed by a majority vote of the duly elected and qualified members of the City Council, and shall hold office for a term of five (5) years; pro- vided, however, that those Commissioners first appointed and confirmed shall serve for terms to be designated by the Mayor and City Council of one (1), two (2), three (3), four (4) and five (5) years each. In the event a vacancy occurs on the Commission, it shall be filled by appointment by the Mayor, subject to the approval of a majority vote of the duly elected and qualified members of the City Council. Each Commissioner shall file the oath required by law in the State of Arkansas of public officials. Section 3. That any Commissioner may be removed for cause upon a two-thirds (2/ 3) vote of the duly elected and qualified members of the City Council. Section 4. That the Commissioners hereunder appointed shall have full and complete authority to manage, operate, maintain and keep in good repair the Jacksonville Municipal hospital, and shall have full and complete charge of the said Hospital with power to handle the same as the Commissioners shall see fit and deem to be in the best interest of the City. The Commis- sioners shall have the right to employ or remove the manager and all other employees of whatsoever nature, kind or character, and to fix, regulate and pay their salaries, wages and other compensation; it peing the intention of this ordinance to vest in the Commissioners authority to operate, manage, maintain and control the said Hospital and to have full and complete charge thereof, including the same discretionary powers afforded to the Boards of Trustees of benevolent or non-profit corporations by the laws of the State of Arkansas. The Commission shall have the exclusive right and power to make purchases of all supplies, apparatus and other property and things requisite and necessary for the management and operation of the said Hospital, and the powers herein granted with reference to the management and operation of said Hospital shall include the construction of the Hospital, repairs and addi- tions thereto. I Section 5. That the Commissioners shall not have the authority or power to sell, mortgage or encumber the said Hospital unless otherwise autho- rized by the laws of the State of Arkansas, but that they shall, however, by and with the consent of the City Council, have the authority and power to lease any such Hospital to a non-profit or benevolent organization upon such terms that no profit or dividend shall ever be paid to any person, firm or corporation; pro- vided that nothing herein contained shall be construed to prevent the use either by the Commission or any lessee of profits arising from the operation of said Hospital for the repair, improvement or construction of additions to the said Hospital or the equipment thereof, or for charitable purposes in connection with the operation of said Hospital. Section 6. That the Commissioners shall have the authority to adopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of the said Hospital and shall have the autho- rity to alter, change or amend such rules and regulations at their discretion. The Commissioners shall have the right to adopt and enforce standards for the operation and management of said Hospital, including the right to apply for and accept membership in accredited hospital societies and organizations, and to comply with, and enforce compliance with, the rules and regulations thereof; provided that nothing herein contained shall be construed to authorize the adop- tion of standards less than the minimum standards required by the laws of the State of Arkansas for the operation or management of any such Hospital. Section 7. That the Commissioners shall submit reports, beginning three (3) months after they have taken their oaths of office, and thereafter at such periods as the City Council may direct, reporting in full on the construction L - 4 - and operation, including an accounting of receipts and disbursements, to the Mayor and City Council, and furnish such other and further reports, data and information as may be requested by the Mayor and City Council. The reports to the Mayor and the City Council with respect to receipts and disbursements shall be certified by the Commissioners as correct. The Commissioners shall further submit an annual audit of the operations of the Hospital to the Mayor and City Council, the fiscal year to be determined by the Mayor and the City Council. Section 8. That the Commissioners shall have the authority to utilize all revenues derived from tine hospital in the operation of the Hospital, includ- ing repairs thereto or the construction thereof or of additions thereto. All funds derived from the use of the Hospital shall be segregated into a Hospital Fund, which fund shall be used exclusively in the management and operation of the Hospital by the Commissioners. Moneys in said hospital Fund shall not be mingled with other funds of the City and shall be handled exclusively by the Com- missioners. The Commissioners shall receive no salary for their services but shall be reimbursed from the Hospital Fund for actual expenses incurred in the performance' of their duties. Section 9. That the Commissioners shall be afforded the same protec- tion from personal liability for their acts as such Commissioners as is now af- forded by the laws of the State of Arkansas to school directors in connection with their duties in behalf of the school districts which they represent. Section 10. That upon each annual report being'made to the Mayor and the City Council by the Commissioners, the City Council may lend or appropriate funds from the general revenue fund of the City, or from such other funds as the City may have available, to make up any deficits or to provide such funds as may be necessary to carry on the operations of said Hospital. In addition, the City Council may at any time other than when said annual report is filed, lend or appropriate such funds as it deems necessary, from the general revenue fund or from such other funds as the City may have available, for the purpose of - 5 -- maintaining and operating the said Hospital. Section 11. That upon the appointment of the Commissioners as herein provided, the Mayor and City Council shall execute such instruments and enact such measures as may be necessary to vest complete charge of said Hospital in the Commissioners, and the Council may from time to time require that the Commissioners give bond for the faithful performance of their duties. Section 12. That in addition to the powers, duties and obligations prescribed herein, the Commissioners shall have such powers, duties and ob- ligations as, from time to time, may be prescribed by applicable laws of the State of Arkansas. Section 13. That the provisions of this ordinance are hereby de- clared to be separable and if any section, provision or phrase hereof shall for any reason be held to be invalid, such holding shall not affect the remainder of the ordinance. 1� Section 14. That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Passed Hu. .- 111!0 Approved �I ' e'. 'L n __ Mayor i Attest City Clerk 4 �h -�" 41 ly 9,]�� 510 Lir'' I A